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A  SELECTIVE  MICROFILM  EDITION 

PARTIV 

(1899-1910) 


Thomas  E.  Jeffrey 
Lisa  Gitelman 
Gregory  Jankunis 
David  W.  Hutchings 
Leslie  Fields 


Robert  Rosenberg 
Director  and  Editor 


Theresa  M.  Collins 
Gregory  Field 
Aldo  E.  Salerno 
Karen  A.  Detig 
Lorie  Stock 


Sponsors 

Rutgers,  The  State  University  Of  New  Jersey 
National  Park  Service,  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 


University  Publications  of  America 
Bethesda,  MD 
1999 


Edison  signature  used  with  permission  ofMcGraw-Edis 


Thomas  A.  Edison  Papers 


at 

Rutgers,  The  State  University 
endorsed  by 

National  Historical  Publications  and  Records  Commission 
18  June  1981 

Copyright  ©  1999  by  Rutgers,  The.  State  University  •  • 

All  rights  reserved.  No  part  of  this  publication  including  any  portion  of  the  guide  and  hidex  or  of 
the  microfilm  may  be  reproduced,  stored  hi  a  retrieval  system,  or  transmitted  hi  any  form  by  any 
means— graphic,  electronic,  mechanical,  or  chemical,  hicludhigphotocopying,  recordhigor  taphig, 
or  information  storage  and  retrieval  systems— witiiout  written  permission  of  Rutgers,  The  State 
University,  New  Brunswick,  New  Jersey. 

The  original  documents  hi  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site 
at  West  Orange,  New  Jersey. 


ISBN  0-89093-703-6 


THOMAS  A.  EDISON  PAPERS 


Robert  A.  Rosenberg 
Director  and  Editor 

Thomas  E.  Jeffrey 
Associate  Director  and  Coeditor 

Paul  B.  Israel 

Managing  Editor,  Book  Edition 
Helen  Endick 

Assistant  Director  for  Admimstration 


Associate  Editors 
Theresa  M.  Collins 
Lisa  Gitelman 
Keith  A.  Nier 

Researcli  Associates 

Gregory  Jankunis 
Lorie  Stock 


Assistant  Editors 
Louis  Cariat 
Aldo  E.  Salerno 


Secretary 
Grace  Kurkowski 


Student  Assistants 

Amy  Cohen  Jessica  Rosenberg 

Bethany  Jankunis  Stacey  Saelg 

Laura  Konrad  Wojtek  Szymkowiak 

VishaJ  Nayak  Matthew  Wosniak 


BOARD  OF  SPONSORS 


Rutgers,  The  State  University  of  New  National  Park  Service 

Jersey  John  Maounis 

Francis  L.  Lawrence  Maryanne  Gerbauckas 

Joseph  J.  Seneca  Roger  Durham 

Richard  F.  Foley  George  Tselos 

David  M.  Oshinsky  Smithsonian  Institution 

New  Jersey  Historical  Commission  Bernard  Finn 

Howard  L.  Green  Arthur  P.  Molella 


EDITORIAL  ADVISORY  BOARD 

James  Brittain,  Georgia  Institute  of  Technology 
R.  Frank  Colson,  University  of  Southampton 
Louis  Galambos,  Johns  Hopkins  University 
Susan  Hockey,  University  of  Alberta 
Thomas  Parke  Hughes,  University  of  Pennsylvania 
Peter  Robinson,  Oxford  University 

Philip  Scranton,  Georgia  Institute  of  Technology/Hagley  Museum  and  Library 
Merritt  Roe  Smith,  Massachusetts  Institute  of  Technology 


FINANCIAL  CONTRIBUTORS 


PRIVATE  FOUNDATIONS 
The  Alfred  P.  Sloan  Foundation 
Charles  Edison  Fund 
The  Hyde  and  Watson  Foundation 
National  Trust  for  the  Humanities 
Geraldine  R.  Dodge  Foundation 


PUBLIC  FOUNDATIONS 
National  Science  Foundation 
National  Endowment  for  the 
Humanities 

National  Historical  Publications  and 
Records  Commission 


PRIVATE  CORPORATIONS  AND  INDIVIDUALS 


Alabama  Power  Company 

Anonymous 

AT&T 

Atlantic  Electric 

Association  of  Edison  Illuminating 
Companies 

Battelle  Memorial  Institute 
The  Boston  Edison  Foundation 
Cabot  Corporation  Foundation,  Inc. 
Carolina  Power  &  Light  Company 
Consolidated  Edison  Company  of  New 
York,  Inc. 

Consumers  Power  Company 
Cooper  Industries 
Corning  Incorporated 
Duke  Power  Company 
Entergy  Corporation  (Middle  South 
Electric  System) 

Exxon  Corporation 

Florida  Power  &  Ligit  Company 

General  Electric  Foundation 

Gould  Inc.  Foundation 

Gulf  States  Utilities  Company 

David  and  Nina  Heitz 

Hess  Foundation,  Inc. 

Idaho  Power  Company 


IMO  Industries 

International  Brotherhood  of  Electrical 
Workers 

Mr.  and  Mrs.  Stanley  H.  Katz 
Matsushita  Electric  Industrial  Co.,  Ltd. 
Midwest  Resources,  Inc. 

Minnesota  Power 
New  Jersey  Bell 
New  York  State  Electric  &  Gas 
Corporation 

North  American  Philips  Corporation 
Philadelphia  Electric  Company 
Philips  Lighting  B.V. 

Public  Service  Electric  and  Gas  Company 

RCA  Corporation 

Robert  Bosch  GmbH 

Rochester  Gas  and  Electric  Corporation 

San  Diego  Gas  and  Electric 

Savaiuiah  Electric  and  Power  Company 

Schering-Plough  Foundation 

Texas  Utilities  Company 

Thomas  &  Betts  Corporation 

Thomson  Grand  Public 

Transamerica  Delaval  Inc. 

Westinghouse  Foundation 
Wisconsin  Public  Service  Corporation 


A  Note  on  the  Sources 

The  pages  which  have  been 
filmed  are  the  best  copies 
available.  Every  technical 
effort  possible  has  been 
made  to  ensure  legibility. 


PUBLICATION  AND  MICROFILM 
COPYING  RESTRICTIONS 


Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  lieu  of  transcripts,  however, 
enlarged  photocopies  of  selected 
items  contained  on  these  reels 

may  be  made  in  order  to  facilitate 
research. 


LEGAL  DEPARTMENT  RECORDS 
CEMENT 


This  material  consists  of  correspondence,  court  records,  and  other 
items  relating  to  patent  interference  proceedings  and  infringement  suits  and 
to  other  legal  actions  involving  the  technical  development  and  commercial 
exploitation  of  Edison's  cement  machinery.  Included  are  documents 
pertaining  to  Edison's  crushing  rolls,  which  were  used  in  both  iron  ore 
processing  and  cement  manufacture,  and  to  his  invention  of  a  long  rotary  kiln 
for  making  cement. 

Less  than  10  percent  of  the  documents  have  been  selected.  The 
selected  items  reflect  Edison's  personal  involvement  in  legal  matters,  detail 
experimental  work  by  Edison  or  his  assistants,  or  broadly  pertain  to  matters 
of  corporate  organization  and  patent  management.  Related  material  can  be 
found  in  the  records  of  the  Edison  Portland  Cement  Co.  and  the  Edison  Ore 
Milling  Syndicate,  Ltd.  (Company  Records  Series).  The  documents  are 
arranged  in  the  following  order: 

Correspondence 
Interference  Proceeding 

Shiner v.  Edison  (No.  27,406) 

Case  File 

Thomas  A.  Edison  and  the  North  American  Portland  Cement 
Company  v.  Aisen's  American  Portland  Cement  Works 


Correspondence 


This  folder  contains  correspondence  and  other  documents  concerning  a  variety  of  legal 
matters.  The  selected  documents  cover  the  period  1902-1910.  Among  the  correspondents  are 
Edison;  Frank  L.  Dyer  of  the  Legal  Department;  Walter  S.  Mallory,  vice  president  of  the  Edison 
Portland  Cement  Co.;  and  Edward  Dinan,  chemist.  Included  are  letters  pertaining  to  the  technical 
development  and  operation  of  Edison's  long  kilns;  to  cement-related  patents  assigned  to  the 
Edison  Ore  Milling  Syndicate,  Ltd.;  and  to  a  proposed  infringement  suit  against  the  Atlas  Portland 
Cement  Co.  Also  included  is  correspondence  relating  to  the  progress  of  litigation  against  the  Allis- 
Chalmers  Co.  and  to  a  possible  deposition  by  Edison  regarding  the  use  of  pulverized  coal  in 
cement  kilns. 


Interference  Proceeding 
Shiner  v.  Edison  (No.  27,406) 

This  folder  contains  material  pertaining  to  a  Patent  Office  proceeding  involving  an 
application  filed  by  Edison  on  January  27, 1906,  for  a  patent  on  a  rotary  kiln  that  he  had  invented 
in  1 899  and  a  competing  application  by  William  C.  Shiner.  The  one  selected  item  is  Edison's  brief 
on  appeal  to  the  commissioner  of  patents,  who  ruled  in  favor  of  Edison  in  June  1909. 

Case  File 

Thomas  A.  Edison  and  the  North  American  Portland  Cement  Company  v. 

Alsen's  American  Portland  Cement  Works 

This  folder  contains  material  pertaining  to  the  infringement  suit  brought  by  Edison  and  the 
North  American  Portland  Cement  Co.  against  Alsen's  American  Cement  Works  in  the  U.S.  District 
Court  for  the  Southern  District  of  New  York.  The  case  was  initiated  in  March  1908  and  involved 
Edison's  U.S.  Patent  802,631  on  long  kilns.  The  court  decided  against  Edison  and  declared  his 
patent  invalid  on  May  7,  1913.  The  selected  items  are  from  Complainants'  Record  on  Final 
Hearing  and  Complainants'  Brief  on  Final  Hearing 


Legal  Department  Records 
Cement  -  Correspondence 

This  folder  contains  correspondence  and  other  documents  concerning 
a  variety  of  legal  matters.  The  selected  documents  cover  the  period  1902- 
1910.  Among  the  correspondents  are  Edison;  Frank  L.  Dyer  of  the  Legal 
Department;  Walters.  Mallory,  vice  president  of  the  Edison  Portland  Cement 
Co.;  and  Edward  Dinan,  chemist.  Included  are  letters  pertaining  to  the 
technical  development  and  operation  of  Edison's  long  kilns;  to  cement- 
related  patents  assigned  to  the  Edison  Ore  Milling  Syndicate,  Ltd.;  and  to  a 
proposed  infringement  suit  against  the  Atlas  Portland  Cement  Co.  Also 
included  is  correspondence  relating  to  the  progress  of  litigation  against  the 
Allis-Chalmers  Co.  and  to  a  possible  deposition  by  Edison  regarding  the  use 
of  pulverized  coal  in  cement  kilns. 

Less  than  10  percent  of  the  documents  have  been  selected.  Among 
the  items  not  selected  are  letters,  memoranda,  and  reports  regarding  patent 
research;  printed  patents;  a  draft  complaint  and  affadavit  for  use  in  the 
proposed  case  against  the  Atlas  company;  letters  of  transmittal  and 
acknowledgment;  registered  mail  receipts;  and  documents  that  duplicate  the 
information  in  selected  material. 


/■  f,J  f  y 

yr/ :  f  Jf/sz/fv/r/t  /  .’  y yrz: 

\^sZ„.a  'y„,!,//y. .  ■/;,/,■„/.& .  '////■/>/  y£Zttt>Z 

'  .;/.  .%«■/. 

y/w  July  7,  1902. 

W.  S.  Mallory,  Eb<i.  , 

Edison  laboratory, 

Orange,  K. 

Dear  Mr.  Mallory, - 

I  enclose  a  copy  of  a  letter  dated  the  25th 
ult.  just  received  from  the  Edison  Ore-Milling  Syndicate  and 
replying  to  our  letter  of  the  11th  ult.  regarding  the  re¬ 
assignment  of  cement  patents.  I  also  enclose  a  copy  of  the 
letter  from  Mr.  Lawrence  to  Mr.  Edison  referred  to  in  the 
Syndicate  letter.  // 

JJ7^T'4r^. 


rhd/al 

Enolosure.’ 


r 


[ATTACHMENT] 


Copy  of  letter  and  enclosure 

from  Edison  Ore-Milling  Syndicate  limited 

to  Dyer,  Edmonds  &  Dyer. 


London,  W.C. ,  June  25th  1902. 

Messrs.  Dyer,  Edmonds  &  Dyer, 

31  Nassau  Street, 

New  York. 

Dear  Sirs, 

We  are  in  receipt  of  your  letter  of  the  11th  inst. , 
asking  us  to  arrange  for  the  reassignment  of  certain  patents, 
which  Mr.  Edison  has  already  communicated  to  us,  for  the  rea¬ 
son  that  they  relate  exclusively  to  the  manufacture  of  cement. 

This  matter  has  been  duly  considered  hy  the  Board  of 
Directors,  and  we  desire  to  point  out  that  this  subject  wa3 
discussed  as  far  back  as  July  1900,  when  Mr.  Edison  raised 
the  question  whether  one  particular  patent  should  have  been 
communicated  to  us. 

Mr.  Lawrence,  the  Chairman  of  this  Syndicate,  imme¬ 
diately  wrote  a  long  letter  to  Mr.  Edison  (copy  enclosed) 
pointing  out  that  it  had  always  been  completely  understood 
from  Mr.  Edison's  letters  and  speeches  that  this  Syndicate 
was  to  have  the  benefit  of  cement  patents  and  in  1900  Mr. Dick, 
with  Mr.  Edison's  concurrence  and  sanction,  on  behalf  of  this 
Syndicate,  entered  into  negotiations  in  England  for  the  sale 
of  these  patents  to  an  important  cement  combine. 


[ATTACHMENT] 


There  are  additional  circumstances  besides  those  men¬ 
tioned  in  Mr.  Lawrence's  letter  which  undoubtedly  indicate 
Mr .  Edison's  intention  to  hand  over  cement  patents  to  this 
Syndicate,  in  which  he  himself  is  so  largely  interested. 

V/e  venture  to  think  therefore  that  there  may  be  some 
misunderstanding  on  your  part  as  to  Mr.  Edison's  wishes  in 
this  matter,  and  we  should  be  much  obliged  if  you  would  fur¬ 
ther  communicate  with  him,  and  in  particular  draw  his  atten¬ 
tion  to  Mr.  Joseph  Lawrence's  letter  to  him  of  the  2nd  August 
1900,  to  which  we  may  say  that  Mr.  Edison  did  not  make  any 
reply. 

Yours  faithfully, 

EDISON  ORE-MILLING  SYNDICATE  LIMITED. 

J.  Hall  Jnr. 


Enclosure. 


Secretary. 


[ATTACHMENT] 


COPY. 


July  19,1900. 

Mr.  I.  Hall, Jr. , 

Seo.  Edison  Ore  Milling  Syndicate , Ltd. , 

7  Amberley  House,  Norfolk  Street, 

London,  W.  C. ,  England. 

Dear  Sir:- 

In  reply  to  your  favor  of  the  6th  ult.,  I  heg  to  state 
that  the  patent  you  speak  of  was  a  cement  patent,  and  does  not  come 
under  the  terms  of  the  original  contract.  All  patents  coming  under 
the  oontraot  will  be  communicated  direct  to  the  Syndicate,  as  has 
been  the  case  heretofore,  those  relating  to  Cement  Improvements, 
whloh  owing  to  their  character  may  not  come  under  the  oontraot  I 
will  take  out  direct. 

You  will  be  glad  to  know  that  the  Mills  at  Edison, N.J. 
are  running  regularly  except  the  Bricking  plant.  Owing  to  the 
reoent  panic  in  Iron,  the  furnaces  were  overloaded  with  ore  when 
we  started  up,  so  we  will  not  ship  briquettes  until  their  surplus 
ore  has  been  worked  down  to  permit  of  their  reoeiving  briquettes. 

We  are  turning  out  about  300  tons  of  Concentrate  daily  and  stocking 
it. 

As  to  the  costs  of  concentrating,  we  are  keeping  accounts 
and  hope  to  give  you  the  results  in  a  couple  of  months.  We  are  not 
losing  any  money  even  with  our  17  per  cent  crude  ore,  but  how  much 
we  are  making  is  an  unknown  quantity.  The  Zinc  Mill  continues  to 
run  regularly. 

We  are  progressing  rapidly  with  the  Cement  Mill. 

Yours  truly, 

Thomas  A.  Edison, 

R. 


[ATTACHMENT! 


Copy  of  letter  from  Mr.  Joseph  Lawrence  to  Mr.  Thomas  A.  Edison. 


2nd.  August  1900. 

My  dear  Edison, 

The  Secretary  of  the  Edison  Syndicate  has  shown  me 
your  letter  of  the  19th.  July  in  reference  to  the  specifica¬ 
tion  Ho.  3485  of  1900,  described  as  "method  of  and  apparatus 
for  grinding  screening  and  rescreening  very  fine  materials 
in  bulk". 

In  your  letter  which  although  dated  the  19th.  July, 
did  not  reach  us  until  the  31st.  (evidently  having  missed 
two  or  three  mails),  you  say  this  specification  "does  not 
come  under  the  terms  of  the  original  contract." 

The  specification  is  not  alone  confined  to  cement, 
but  applies  also  to  iron,  the  terms  being  as  follows 

(A)  "An  invention  relating  to  an  improved  method 
"and  apparatus  for  grinding  and  screening  very  fine  materials 
"in  bulk  such  as  iron  ore,  Portland  Cement  &c. ,  and  to  an 
"improved  method  of  and  apparatus  for  grinding  In  bulk  the 
"ground  and  screened  material. " 

Under  these  circumstances,  I  have  no  doubt  that  you 
will  see  that  the  Syndicate  is  entitled  to  the  benefit  of 
this  improvement  under  the  terms  of  the  original  contract, 
indeed  your  patent  attorneys,  Messrs.  Dyer  admit  as  much  in 
their  letter  to  us  of  the  12th.  July,  wherein  they  stato  they 
have  v/ritten  to  their  agents,  Messrs.  Brandon  Bros,  in  Paris,, 
to  look  to  our  agent  Mr.  Woodroffe  as  their  principal  and  to 


[ATTACHMENT] 


take  all  instructions  from  him. 

You  will  remember  that  in  all  your  previous  corres¬ 
pondence  and  especially  in  your  speech  to  the  shareholders 
in  December  last,  you  admit  that  the  cement  rights  are  11  con¬ 
trolled  by  the  Syndicate. "  In  your  speech,  after  dealing 
with  the  cement  works  and  the  plant  that  was  being  erected, 
and  the  improvements  that  were  being  made  in  the  same,  you 
go  on  to  urge  the  shareholders  not  to  part  "with  any  rights 
"for  any  purpose  whatsoever  until  these  two  (cement)  mills 
"have  demonstrated  commercially  the  valuable  rights  controlled 
"by  the  Syndicate. "  You  also  go  on  to  say  that  the  "experi- 
"ments  are  being  paid  for  from  this  side,  the  Syndicate 
"realizing  without  expense." 

All  these  circumstances  prove,  without  falling  back 
on  the  terms  of  the  Contract,  that  you  regard  the  Syndicate 
as  controlling  all  the  cement  rights,  which  naturally  include 
the  Improvements.  In  the  Director's  printed  report  (which 
was  approved  by  Mr.  Dick)  which  was  sent  out  prior  to  the 
meeting,  we  speak,  on  the  strength  of  your  previous  promise, 
of  your  communicating  to  us  without  cost  certain  improvements 
which  relate  to  cement,  and  also  state  that  "other  valuable 
improvements  will,  it  is  promised  also  be  communicated  in  a 
similar  wayl'  We  have  also,  quite  recently  received  four 
other  specifications  of  new  inventions  one  of  which  particu¬ 
larly  relates  to  cement,  and  we  have  filed  applications  in 

various  countries  in  respect  of  them  to  protect  the  Syndi- 
cat  e ' s  rights . 

Yours  faithfully, 

(Signed.)  J.  DAv/KJiiiJGE . 


7A°/°2/AvsK/r, 


Dyer, Edmonds  &  Dyer, 

31  Nassau  Street, 

Now  York. 

Dear  Sirs:  — 

X  have  yours  of  the  7th  Inst,  enclosing  copy  of  letter 
of  June  25th, 1902,  from  the  Edison  Ore  Milling  Syndicate  (Limited, 
also  copy  of  letter  of  August  2nd, 1900,  from  Mr.  Joseph  Lawrence, 
all  of  which  have  been  oarefully  noted. 

There  is  no  question  but  what  the  Syndicate  are  entitled 
to  the  Cement  rights  on  all  machinery  which  comeB  in  under  the 
contract,  but  the  machinery  and  devices  designed  specially  for 
Cement  work  and  invented  after  the  oontract  was  made,  doaB  not  go 
to  them  without  further  consideration  to  me.  ^ 

The  patents  oovared  by  yours  of  June  11th, 1902,  were 
assigned  in  error  and  should  be  re-assigned  to  me. 

Yours  very  truly, 


ZfinutA/:  '^"Z'jMzU: 

**  "  '  JAS^„,,^A 

Sept.  22,  1902. 

Thomaa  A.  Edison,  Esq., 

Orange,^  I 

,aJ  fci  »,*-«?  c-^C 

OA.t>  ^  tCCZZZ 

Dear  Sir,  U)  »-C£  (Q-c,c  tllU  f-D U3s^L.  <PW-  &-t-s  A C- 

We  have  received  from  Edison  Ore  Milling  Syndicate  }\ 

limited  a  letter,  dated  11th  inst.,  as  follows: 

"Referring  to  the  question  of  the  assignment  of 
oertain  cement  patents  hy  Mr.  Edison  to  the  Syndicate, 
it  haB  been  arranged  that  the  consideration  of  the  mat¬ 
ter  should  he  postponed  until  Mr.  Dick  is  next  in 
England,  when  a  settlement  satisfactory  to  all  parties 
can  no  doubt  ho  arranged. 11 

We  assume  that  this  means  that  an  arrangement  has  heen  made 

directly  with  you  to  this  effect. 


(ul,(< l  /O  CcJk 

u( KftY  /©-  9 

(a  /“olvj2 ASs . cT- 


Ti  li  pnom  n?  w.c. 

5214,'Gebrard. 


Mr  T.  A.  Edison; 

Orange 

New  Jersey', 

U.  3.  A. 

Dear  ;Sir,-' 

At  a  Board  Meeting  of  the  Syndicate  held  on  the  20th  inst, , 
the  discussion  regarding  certain  of  your  cement  patents,  which  had 
Been  adjourned  from  the  meeting  held  on  the  10th'  .September  pending 
Mr  Dick's  return  to  England',,  was  resumed. 

Mr  Dick  fully  explained  your  views  with  regard- to  the 
cement  patents  which  have  been  communicated  to  Us  by  Messrs  Dyer, 
Edmonds  &  Dyer  and  the  feeling  was  at  once  expressed  by  "all  the  Direc¬ 
tors  that  there  was  no  wish  whatever  on  our  part  to  ask  you  to  give- 
us  any  patent  rights  to  which  we  are  not  entitled,;-  and  which  might 
be  considered  not  to;  be  covered"  by  the  scope  of  the  original-  agree¬ 
ment,  with  the  Syndicate. 

We  do  not  in  any  way  desire  to  take  advantage  of  the  fact 
that  these  cement  patents  have  been  communicated  to  us  and  that  we 


have  filed  patent,  applications  on  them  here  and  abroad. 

In  order  to  recognise  the  principle  of  the  ownership  of 
_  the  patents  the  Directors  have  resolved  to'  offe'r  you  a  percentage 
■  of  profits  in  respect  of  any  patent  improvements  invented  by  you 
oeing  used  hereafter,  such  improvements  not  being  covered'  by  the 
original  contract,  and  Mr  Dick  has  been  asked  to  consult  with  yoU 
on  the  matter  upon  his  return  to  the  United  States. 

We  trust  that  you  may  consider  this  suggestion  a  fair 
^one  and  that  it  may  meet  your  wishes',  but  the  Directors  are  arutioua. 
that  it  should  not  be  felt  for  ohe  moment  that  there  is  any"  desire 
on  their  part  to  ask  for  more  patent  rights  than  they  are  entitled 
to),  or  Which  you  may  feel  willing  to  place' at  their  disposal  in  the 
interests  of  ail  concerned. 

Yours  faithfully, 

EDISON  ORE-MILLING  SYNDICATE  LTD. , 


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Roaster  Plant: 

Mr.  W.  H.  Ma&on,  Supt., 

Edison  Portland  Cement  Co., 
Stewartsville,  N.  J. 

Dear  Sir:- 


Dec.  4,  1903 


In  reviewing  the  work  of  the  kilns  for  some  time 
past,  it  is  evident  that  the  speed  of  rotation  of  No.l  kiln  at 
least,  should  he  lessened;  and  also  that  provision  he  made  for 
changing  the  speed  as  desired  —  with  or  without  interfering  with 
the  speed  of  the  chalk  feed  screw. 

The  main  object  we  wish  to  aooomplish  is  good  clink¬ 
er  and  more  of  it.  The  chief  fault  of  the  olinker  bo  far  haB  heen 
insufficient  oxidation.  The  heat,  as  a  rule,  has  heen  sufficient, 
hut  incomplete  oxidation  has  heen  repeatedly  noticed  and  latterly 
it  is  more  evident,  since  we  have  heen  increasing  the  output. 

Before  taking  up  the  case  of  our  kilns,  there  are  to 
he  understood  a  few  general  points  relative  to  the  reparation  of  a 
'kiln. 

Elrst :  The  speed  of  the  chalk  feed  sorew  determines  the 

quantity  of  intake  of  chalk,  and,  consequently,  the  quantity  of 
output  of  clinker.  This  is  axiomatic, the  more  chalk  you  feed  to  a 
kiln,  the  more  clinker/you  will  get. 

Second:  The  speed  of  rotation  of  the  kiln  determines  the 

length  of  time  required  for  a  given  quantity  of  chalk  to  come  for¬ 
ward.  The  faster  the  kiln  rotates,  the  faster  the  material  is 
.carried  forward,  and  vice  versa. 


Mr.  W.H.Mason . Sheet  Mo. 


Third:  The  burden  of  a  kiln  decreases  as  the  speed  of  ro¬ 

tation  of  the  kiln  increases.  That  is,  the  amount  of  material 
(the  load)  in  the  kiln  will  he  less  at  a  high  speed  than  at  a  low 
speed.  This  is  seen  from  the  second  statement,  and  can  he  illus¬ 
trated  as  follows: 

Take  two  bricks,  and  have  two  kilns,  A  and  B*  kiln  A  mak¬ 
ing  a  revolution  in  60  seconds  anelB  in  30  seconds.  Drop  a  brick 
.  at  same  time  in  each  kiln.  It  will  require  a  longer  time  for  the 
brick  to  travel  through  A  than  through  B.  The  brick  will  fall  out 
of  B  first,  vfoich  is  rotating  the  faster.  Mow,  if  we  fed  one 
brick  a  second  into  each  A  and  B,  bricks  would  be  dumped  out  of  B 
sometime  before  they  would  emerge  from  A,  and  yet,  at  the  instant 

the  first  brick  dropped  out  of  B,  each  kiln  would  have  .the  same 
i»uU  X't  cknnnAs  fiXldAjL.  O imJ,  iviUJL. 
mdaber  of  bricks  in  it.  In  kiln  A, ,  and  at  the  same  rate  as  from  B. 

But  A  would  have  the  heavier  burden.  There  would  be  more 

bricks  in  it,  although  now  dropping  a  brick  per  second,  the  same 

as  B,  A  would  be  carrying  more  bricks,  and.  so  have  a  heavier  load; 

the  bricks  would,  of  course,  be  piled  deeper  in  the  kiln.  T 

Beturn  to  the  consideration  of  our  kilns.  Observations  p 

on  one  kiln  will  serve  to  illustrate  the  point  in  view  in  this  note. 

The  examination  of  clinker  from  kiln  Mo.  2  for  the  past 

few  days  has  shown  plainiy^tha'need  of  more  oxidation,  while^’the  ' 

h 

interior,  although  burned  hard  enough,  was  sufficiently  oxidized. 

On  one  oocaslbn,  on  Dec,  3,  the  circumstances  were  as  follows: 

kiln  cool;  clinker  not  heated  sufficiently,  A  short  time  later  ! 

the  heat  increased;  clinker  heated  hard  enough;  but  insufficient 


W.H. Mason 


oxidation  plainly  evident.  Had  more  air  admitted,  and  soon  noticed 
the  kiln  not  so  hot  as  before.  Shut  off  some  of  the  air,  regain¬ 
ed  the  heat,  hut  oxidation  not  yet  complete.  At  this  point  we 
had  reached  the  maximum  excess  of  air  allowable  for  the  coal  being 
consumed,  and  the  clinker  yield  was  not  good.  It  needed  more  oxi¬ 
dation.  Now,  if  the  speed  of  the  kiln  were  out  down  Blightly, 
so  as  to  compel  the  material  to  remain  in  the  hot,  oxidizing  atmos¬ 
phere  a  longer  time,  the  clinker  would  have  been  more  thoroughly 
oxidized;  this  would  be  the  oase, 

Nirst:  Because  there  would  be  less  liability  of  clinkers 

being  formed  suddenly  be^ being  rushed  forward  into  the  clinkerlng 
zone,  which  ocoureB  when  tbs  kiln  is  running  too  fast.  The  main 
objection  to  this  is  that  olinker  bo  formed  balls  so  suddenly  as  to 
interfere  with  the  oxidation  of  their  interior.  The  outside  coat¬ 
ing  once  formed  prevents  the  oxidation  of  the  interior. 

Seoondly:  Thorough  oxidation  is  not  accomplished  in  an  instant 
but  require b  time.  How  long  oannot  be  exactly  said. 

These  are  the  main  objections  to  running  at  a  high 
rate  of  speed.  Of  course,  too  slow  a  speed  might  be  objectionable, 
v''  resuTt/'in  over-burning,  but  this  would  be  erring  on  the  side  of 
safety.  We  could  easily  remedy  that.  The  olaim  is  not  made  that 
we  can  put  the  kiln  at  a  certain  fixed  speed,  to  be  the  beBt  tinder 
all  oiroumstanoes,  but  we  do  olaim  that  better  result*  oan  be  ob¬ 
tained  by  a  lesser  speed  than  at  present,  With  a  light  burden,  the 
kiln  oan  rotate  faster  without  interfering  with  good  burning;  ample 

opportunity  is  there  for  oxidation  in  a  shorter  time,  but  with  a 


W.H.Mason 


Sheet  No.  4 


heavy  burd.en  a  given  handful  of  chalk,  for  inetanoee,  has  not  the 
same  opportunity  for  complete  oxidation  that  the  same  quantity  of 
chalk  has  with  a  light  burden,  each  handful  being  subjected  to 
same  heat  for  the  same  time.  In  the  case  of  the  heavier  burden, 
more  time  tequired. 

To  sum  up,  then,  we  can  say  a  choice  must  be  made  be¬ 
tween  these  two  conditions: 

First:  A  given  chalk  feed;  kiln  rotating  at  a  given  rapid 

rate  and  a  lighter  burden*  The  material  is  in  the  heat  a  shorter 
time,  and  the  olinker  formed  more  suddenly. 

Second:  The  same  given  chalk  feed;  kilm  rotating  at  a  lesser 

speed;  the  burden  greater.  The  material  is  in  the  heat  a  longer 
time,  and  the  olinker  formed  more  gradually. 

The  choice  must  be  between  these  two.  What  advan¬ 
tages  are  there  in  the  first  oase? 

As  a  rule,  in’  any  metallurgical  or  chemical  reaction 
where  we  wish  to  have  formed  some  new  product  by  combining  two  or 
more  ingredients,  particularly  where  heat  is  required,  better  re¬ 
sults  are  obtained  by  bringing  about  the  reaction  slowly.  Sudden 
and  violent  plunging  of  materials  into  heat  may  serve  to  disinte¬ 
grate  (and  that  is  a  good  way  to  do  it),  but  not  to  combine. 

Faulty  combinations  oan  also  readily  ensue  from  clinkering  too 
suddenly,  even  though  the  chalk  mixture  be  correct  as  a  whole.  In 
clinker  formed  suddenly, the  union  of  the  partioles  may  take  place; 
but  the  complete  combination  or  reaction  of  the  moleoules  is  not 
facilitated. 


I 


W.H.Mason  —  Sheet  Ho.  5. 

These  are  the  principal  reasons  submitted  in  argument 
for  a  provision  for  a  slower  speed  of  kiln*  Many  other  /points 
of  a  detailed  nat4ure  might  be  advanoed  in  favtr  of  it,  but, 
belleveing  the  pbint  sufficiently  oovered  by  the  above,  1  am, 
You  re  truly  , 

(signed)  E.  P.  Bulan 

PS,  -  Requires  1  hr.  40  min,  for  passage  of  briok  through  the 
kiln;  from  aotual  observation  -  by  W.E.M.  l/25/04« 


copy 


The  Edison  Portland  Cement  Co, 

Edison  Laboratory,  Orange,  N.J.12/ll/03/ 

taeA. 


Mr.  W.  H.  Maeon,  Sup’t., 

Stewartsville  ,  N,  J. 


Lear  Sir:- 


Mr.  Linan's  observations  of  the  Kiln  received. 

1st,  I  do  not  quite  understand  what  he  means  by  "Insuffi¬ 

cient  oxidation".  Loes  lie-mean  the  clinker  is  not  oxidised?  I 
have  always  understood  that  if  the  temperatures  were  high  enough 
all  the  reactions  will  take  place ,  and  they  will  take  place  at 
the  same  temperature  whether  there  be  an  oxidising  or  reducing 
temperature,  that  the  clinker  if  in  highly  oxidising  atmosphere  will 
be  reddish  black  from  oxygen  combining  tb'. raise  the  iron  to  the 
ferric  state,  this  is  shown  when  greenish  clinker  is  held  in  BunBen 
flame.  On  the  contrary,  if  the  gas  is  reducing  the  clinker  will 
go  to  the  green  ferrous  stage. 

I  will  give  several  reasons  why  I  think  high  speed 
is  the  best  condition  to  produce  large  putput  in  our  kilns,  say 
2  revolutions  per  minute,  but  they  are  only  arguments  and  theory 
and  very  little  reliance  should  be  placed  on  them  in  view  of  the 
fact  that  we  have  every  means  to  experiment  and  let  results  bring 
out  the  proper  theory  and  method. 

Arguments  for  high  speed. 

'  1st.  Lighter  load  per  foot  hence  pressure  on  itself  in 

sticky  state  will  cause  it  to  ball  less  or  if  balled  the  mass  will 
be  more  porous.  A  sticky  mass  6  inches  thick  will  have  a  pressure 
on  the  bottom  iayer  due  to  the  weight  at  that  height;  if  one  foot 
thick  it  will  have  twice  the  psessure,  hence  the  tendency  to  ball 
up  is  greater  and  in  addition  the  extra  weight  acting  on  what  is 
balled  will  make  it  more  dense  by  continuous  pounding  by  its  ovm  in¬ 
creased  weight.  In  addition,  when  the  larger  masses  enter  the 
strong  clinkering  zone  they  will  break  up  into  finer  balls  if  the 
load  is  6  inches  thati-they  would  if  the  load  was  12  inches  as  the 
porosity  will  be  less  in  the  latter  case.  Therefore,  if  the 
balls  are  larger  and  in  addaition  more  dense,  they  will  not  burn 
ti-o  the  centre  so  rapidly  hence  the  heavy  load  balls  will  require 
more  time . 

2nd.  The  passage  of  brick  through  the  kiln  is  not  criter¬ 

ion  of  the  speed  of  the  chalk  and  clinker  for  the  reason  that  a 
brick  can  only  progerss  by  the  action  of  the  angle  of  the  kiln, 


Mr.  W.H.M. 


whereas  the  chalk  on  account  of  hulk,  air  ani.  explusion  of  C03 
blowing  up  and  the.  fomation  of  the  ring  at  chalk  and  produce  a 
congestion  and  raise  the  angle  line  far  above  the  normal  grade  of 
the  balance  of  the  stock  and  there  is  continual  avalanches  of  ma¬ 
terial  which  causes  it  to  advance  twenty  to  fifty  feet  in  a  single 
revolution  of  the  kiln,  whereas  the  brisk  would  not  more  but  a 
few  inches;  now  with  a  fixed  load,  if  you  slow  the  kiln  to  half, 
the  chalk  hill  doubles  in  altitude  and  the  tendency  and  distance 
in  which  the  stock  will  avalanche  ahead  is  greatly  increased  and 
proceeds  so  far  into  the  clinkering  zone  that  it  gives  off  C02  to 
disturb  the  proper  combustion  of  the  coal,  for  the  reason  that 
coal  will  not  burn  at  all  when  the  proportions  of  CO  to  C02 
reaches  33  volumes  of  CO  to  66  volumes'  of  C02,  no  matter  if  you 
have  plenty  of  oxygen  just  as  in  a  blasjr  furnace  KhaaixJthRxkiststfcxSsr- 
jaasus  when  the  vbihumes  of  CO  to  C02  as  stated,  is  reached  no  fur¬ 
ther  reduction  of  iron  ore  can  take  place.  Therefore,  to  get  good 
economy,  good  combustion  and  high  tempenature ,  it  is  very  desirable 
that  the  principle  proportion  of  the  C02  should  be  driven  off  be¬ 
fore  it  gets  hear  the  clinkering  zone,  but  the  avalancing  movements 
prevents  it,  the  greater  the  load,  the  greater  the  avalanching  and 
projection  of  unprepared  chalk  into  the  clinkering  zone  to  disturb 
your  combustion,  lower  the  temperature  and  produce  badly  burned 
clinker. 


3d:  Now  if  the  chalk  ring  formed  at  chalk  end  builds  up 
to  the  same  height  with  a  light  load  as  it  does  with  a  heavy  load, 
then  there  would  be  no  gain  in  speeding  the  kiln  when  the  chalk 
feed  was  constant  because  the  avalanching  will  be  just  the  same, 
and  the  principal  resaofi.  f or  speeding  would  be  nullified  and  these  ar¬ 
guments  fall  to  the  ground. 

4th:  Could  the  formation  of  this  ring  be  prevented  there 
would  not  be  any  avalanching  Toy£&  steady  even  progression  of  the 
stock  and  at  2  revolutions  per  minute  there  would  be  ample  time 
for  the  heat  to  penetrate  to  the  centre  of  the  balls  on  account 
of  the  long  zone  of  high  temperature ,  cement  clinker  is  very  good 
conductor  of  he&tY-the  centre  of  cube  of  one  inch  will  reach  that  of 
the  outside  in  a  few  minutes,  and  the  reason  so  many  come  through 
th  e  kiln  with  centres  which  have  never  reached  the  temperature 


of  low  "temper at ure"  chalk  rusnell  Y6rTtop  of  it  by  the  avhlancheaat 
times  get  excessive  it  brings  so  much  C02  into  the  combustion one 
that  you  will  lose  your  heat  no  matter  how  much  coal  you  put  on. 


We  will  be  met  by  this  mechanical  difficulty  every  time  we 
try  to  increase  the  load  beyond  a  certain  point  in  our  kilns, 
say  30  to  32  barrels  beyond  that  amount  the  avalanche  will  project 
itself  further  into  the  combust! organa  limit  the  output  by  making 
it  impossible  to  burn  the  coal  by  the  C02  produced,  and  the  only 
way  to  increase  the  ouput  is  to  stop  or  reduce  the  avalanching  at 
the  back  ring  and  I  told  Mason  to  speed  the  kiln  upon  the  theory 
that  the  height  of  the  ring  and  load  would  be  less  and . thus  re¬ 
duce  the  avalanches  so  the  greater  load  can  be  carried. 


6th.  The  time  required  to  burn  cement  i&  purely  a  ques¬ 

tion  of  temperature  and  heat  conductively  of  the  mass;  and  inch 
cube  can  be  burnt  perfectly  to  the  centre  in  twenty  minutes  in  a 
gas  furnace  if  its  attempted  to  burn  it  in  less  time  -by  raising 
the  tenperature,  the  outside  will  start  to  melt.  I  do  not.  think 
it  would  be  burned  any  better  if  it  was  in  an  hour.  The  reactions 
are  not  forced  reactions  except  exclusion  of  C02,  they  would  take 
place  at  ordinary  temperature  of  themselves  if  they  were  viscous.  ■ 
The  only  functions  performed  by  heat  after  explusion  of  C02  is  to  ‘ 
soften  their  ingredients  so  their  molecules  can  act.  When  this 
soft  atage  is  reached  the  reactions  can  take  place,  any  increase 
in  the  softening  does  no  good.  The  finer  ground  the  materials 
are,  the  less  the  softening  required  aid  the  lower  the  temperature: 
if  the  particles  are  corase  ground,  it  would  be  necessary  to  raise 
tlrthe  clinker  to  a  semi-fluid  condition  to  get  combination  of  the 
coarser  particles'. 

Could  the  gun  be  used  at  the  chalk  end  to  break  up 
the  ring  and  stop  or  reduce  avalanching,  you  could  easily  raise 
the  output  but  I  suppose  this  is  not  practicable. 

Yours  truly., 

Sigd.  Thos.  A.  Edison 


COPY 


Jan.  8,  1904. 


Kilns: 


Mr.  W.  H.  Mason,  Supt., 

The  Edison  Portland  Cement  Co., 

Stewartsville,  N.  J. 

Pear  Sir:- 

The  letter  of  Mr.  Edison's  relative  to  the  operation 
of  the  kilns,  contains,  besides  much  valuable  information  a  few 
statements  which  do  not  'quite  agree  with  results  we  have  sot f dree", 
obtained  with  the  kilns.  As  well  as  not  quite  conforming  to  demon- 
strat wire suit s ,  hitherto  obtained  in  general  practice.  Neither 
can  I  see  how.  they  can  stand  theoretically,  and  wish  to  call  your 
attention. to  the  same.  It  is  agreed,  of  course,  that  it  is  best 
to  let  actual  ptaatiiaib  results  being  out  the  best  methods. 

The  insufficient  oxidation  of  clinker  mentioned  . 

'  *•**>.,,  "■  .  : ; 
in  letter  of  December  4,  1903,  applied  to  the  interior  of  the  clink¬ 
er  chiefly.  This  fault  of  the  clinker  has  been  the  case  on  differ-, 
ent  occasions,  and  as  was  before  stated^  is  be li eyed  due  to  the  rate 
at  which  the  material  is  propelled  through  the  kiln.  The  exterior 
of  the  clinker  in  nearly  all  cases  was  sufficiently  oxidized,  i.e. 
the  reactions  were  .completed.  The  interior  in  many  cases  was  not. 

Iii  some' >cases  the  exterior  showed  the  effect- of  prolonged  heating 
..after  formation  and;  had  a. thin  reddish  brown  coating.  In  the  clink-, 
er  with  faulty  interior  the  combination  of  the  lime  with  silica  and 


YT.H.M . 2  1-8-04. 

alumina  is  not  complete;  the  sulphur  present  in  some  cases 
existing  as  sulphide  of  lime  which  should,  not  be.  Such  sulphur 
should  be. converted  to  suplhate  of  lime.  To  do  this,  requires 
oxygen,  necessitating  air,  and  it  takes  time  to  do  it.  It  must  be 
understood  that  to  make  Portland  Cement  clinker,  an  oxidizing  at¬ 
mosphere  is  necessary,  together  with  a  high  temperature. 

Take  good  clinker  and  heat  in  the  Bunsen  flame,  in  either 
the  oxidizing  or  reducing  part,  and  a  reddish  fcrown  color  will  be 
noticed  on  the  surface.  Note  that  this  takes  place  in  either  the 
oxidizing  or  reducing  flame  of  the  Bunsen  bunner.  I  believe  it 
to  be  nothing  more  than  a  separation  of  the  ferric  oxide,  due  to 
the  heating,  from  whatever  state  of  combination  in  which  it  may 
have  been.  Supposing  the  greenish  colored  clinker  has  ferrous  iron 
■which  can  be  changed  to  ferric  iron,  this  does  not  prove  that  all 
the  iron  in  that  clinker  is  ferrous  iron.  The  fact  is,  practical¬ 
ly  none  is  found  in  the  cement,  so  it  could  hardly  have  been  in 
the  clinker. 

There  is  a  time  when  some  of  the  dfcbnkis  in  the  ferrous 
state.  This  is  when  ferric  oxide  is  uniting  to  silica.  In  the 
chalk  iron  exists  under  the  two  conditions,  ferrous  and  ferric, 
chiefly  in  the  latter  state.  In  much  of  the  rock  of  this  xection, 
or  belt,  sulphide  of  iron  is  present;  .it  can  easily  be  seen  with 
the  naked  eye.  This  much  alone  could  account  f on  the  ferrous 
iron.  There  could  also  be  present  ferrous  silicate,  but  likely 
very  little  of  it.  The  most  of  it  is  in  the  ferric  form.  Cer¬ 
tainly  some  of  this  ferric  oxide  reacts  with  the  selica,  even  in  • 
the  presence  of  the  large  quantity  of  lime.  It  is  an  established 
fact  that  ferric  oxide  and  silica  cannot,  unite  directly.  Berric 


W.H.M . 3.  1-8-04. 

oxide  must  first  break  down  to  the  ferrous  state  which  it  does 
by  heat,  according  to  this  equation  Pe2<)3  s  gPeO  +■  0.  The  fer¬ 
rous  oxide  then  united  with  silica  to  form  the  different  silicates 
of  iron.  At  this  stage  the  presence  of  ferrous  iron  is  accounted 
for  but  this  could  hardly  apply  throughout  the  whole  piece  of  clin- 
.  ker . 

The  uni-ferrous  silicate  melts  at  about  the  melting  point 
of  cast  iron;  when  suddendly  cooled  it  forms  into  crystals  of 
dark  olive  green  color.  The  bi-ferrous  silicate  melts  at  about  the 
melting  point  of  steel;  it  is  flesh  colored  when  cooled.  The 
tri-ferrous  silicate  is  still  less  fusible,  remaining  viscous  at  a 
white  heat. 

We  are  more  likely  to  have  the  uni-silioate  or  the  bi¬ 
silicate.  Note  that  the  colors  are  olive  green  and  flesh  colored, 
colors  noticed  at  times  on  the  outside  clinker.  It  also  requires  ' 
quite  a  high  heat  to  bring  about  the  reactions  of  ferric  oxide 
and  silica.  Also  ferrous  silicates  readily  decompose  in  the  air 
yielding  ferric  oxide  and  silica. 

Now  remembering  the  great  preponderance  of  lime  over  oxide 
of  iron,  to  react  with  the  silica;  the  small  percentage  of  oxide 
of  iron  present;  the  fact  that  practically  all  the  iron  present 
is  in  the.  ferric  state;  and  the  difficulty  attendant  upon  the 
reaction  of  the  ferric  oxide  with  silica,  it  bein£  performed  in  the 
case  of  Portlahd  Cement  clinker,  in  an  oxidizing  atmosphere,  the 
chances  are  that  very  little  silicate  of  iron  is  present,  and  it 
cannot  readily  be  understood  if  the  oxygen  of  the  air  in  a  short 
time  can  decompose  ferrous  silicate,  why  the  highly  oxidizing  heat 

Mln.  doggLngt  accomplish  this  almost.  -Irmtarrhl-u-.  „  i„m.^ 


V.H.JJ.  . 4. 

very  little  chance  for  the  presence  of  ferrous  iron  in  the  clinker, 
it  could  he  believed  that  some  ferrous  iron  might  re suit  from. the 
partial  combustion  of  coal  in  contact  with  it,  coloring  the  exter¬ 
ior  hut  we  have  first  to  get  proof  that  the  iron  is  present  in  the 
ferrous  state.  From  the  fact  that  the  uhi-ferrous  silicate  is 
olive  green  colored;  and  that  clinker  is  olive  green  colored,  it 
does  not  follow  that  the  iron  in  the  clinker  is  in  the  ferrous 
state;  there  are  other  substances  in  the  clinker  besides  the 
iron  and  the  silica  to  modify  the  color. 

Such  of  the  ferrous  oxide  as  doe  s  react  with  the 
silica  acts  as  an  oxygen  carrier,  giving  up  an  atom  of  oxygen  for 
every  molecule  of  ferric  oxide  reacting,  as  noted  in  the  equation 
Fe203  s  2 .FeO  4-  0.  For  want  of  a  better  explanation,  it  is  taken, 
by  some  that  this  atom  of  oxygen  unites  with  a  molecule  of  lime; 

Ca  0+0  m  Ca  02,  forming  dioxide  of  calcium.  Believing  it  to  be 
easier  t b  ixidize  ferrous  iron  then  to  oxidize  lime  toc*4<*4ȣ>- dioxide 
it  is  not  more  likely  that  the  oxygen  goes  immediately  to  ferrous 
iron  and  oxidizes  it  or  else  the  most  easily  oxidized  substance 
present,  which  is  not  lime? 

The  statement  was  made  that  .the  clinker  were  insufficient¬ 
ly  oxidized,  meaning  the  reactions  were  .not  completed;  their 
interiors  were  soft  and  contained  material  like  what  you  find  im¬ 
mediately  beyond  (speaking  from  the  coal  end)  the  ppint  of  incip¬ 
ient  clinkering,  where  the  coating  begins  to  adhere  to  the  lin¬ 
ing;  sulphur  was  present  as  calcium  sulphide;  and  less  and  less 
evidence  of  reaction  as  you  observe  from  the  surface  towards 


W.H.M.  ii)...  5 


-towwrffs  the  centre  of  the  clinker,  which  was  soft,  and. dark  brown 
to  light  colored.  Such  is  a  description  of  the  worst  cases  which 
are  partly  due  to  hurried  heating  at  the  time  of  first  adhesion 
particularly. 

Also  this  variety  of  clinker:  outside  appearnce  satis¬ 
factory;  hard  and  crystalline  coating;  proceeding  inwards  through 
a  piece  say:  3"  -  4"  diameter,  we  see  a  half  inch  shell  of  accep-- 
fable  clinker;  next  half  inch  not  so  dark  in  color  nor  as  crys¬ 
talline  as  the  exterior.  Proceed  father  towards  the  centre  and 
you  will  find  the  mass  hard  enough  perhaps  but  the  structure  instead 
of  being  crystalline  is  massive;  it  is  also  light  in  color.  The 
very  centre  perhaps  is  still  lighter  irj  color.  A  piece  of  this 
interior  on  further  heating  will  darken  and  show  crystals, 
look  more  like  clinker. 

While  Mr.  Edison  has  his  arguments  for  high  speed  of. 
kiln  divided  under  different  heads,  the  underlying  idea  seems  to  be 
that  he  wishes  to  avoid  the  formation  of  the  chalk  ring  at  any 
rate  avoid  the  sudden  avalanching  of  chalk  toward  the  coal  end. 

Let  it  be  understood  we  do  not  favor  the  avalanching  of  the  chalk 
towardsth§ecoal;  also  that  vie  wish  to  avoid  the  formation  of 
chalk-  ring  and  to  attain  this  it  is  believed  a  slower  speed  will 
accomplish  this  better  than  the  present  high  speed. 

His  first  argument  for  high  speed  is  that  thereby  we 
will  have  less  trouble  from  the  clinker  balling.  He' holds,  a  re¬ 
lation  exists  between  depth  of  load  and  formation  of  balls.  That 
the  greater  the  load  of  material  in  the  kiln,  the  deeper  the  bed 
of  material,  and  the  greater  the  tendency  to  ball.  This  might 


W.H.M/ . 6 


all  te  well  if  the  large  clinker  halls  were  formed  entirely  from 
smaller  ones,  by  a  ball  rolling  about  and  gathering  smaller  pie¬ 
ces;  or  e.g.  like  drops  of  mercury  running  together.  The  clink¬ 
er  balls  are  not  formed  in  this  way.  Sometimes  with  a  very 
hot  kiln  a  larger  sized  ball,  say  10"  or  more,  in  diameter,  will 
take  up  small  sized  clinker,  by  rolling  over  the  latter,  causing 
the  adhesion;  bujr  you  would  not  increase  the  diameter  of  a  ball 
3"  by  this  method.  It  might  coat  up  for  one  larger  with  small 
balls,  but  not  for  any  more.  The  adhesion  is  too  weak.  You- can 
readily  note  such  adhered  clinkers  on  the  coo  led  ball  after  leav¬ 
ing  the  kiln. 

It  is  safe  to  say  that  in  nearly  every  case  balling  is 

directly  due  to  the  composition  of  the  raw  materials  and  not  to 

the  depth  of  load  in  the  kiln. 

Balling  takes  place  as  readily  with  a  light  load  as  with  a 
heavy  load.  I  notice  that  on  December  10,  1903,  the  burners 
complained  of  the  material  balling  somewhat  and  we  were  then 
running  on  a  light  load  of  chalk.  Again  y/e  usually  did  not  have 
trouble  with  balls  even  though  running  on  heavy  loads.  Furthermore 
the  balling  begins  before  being  clinkered  i.e.  about  25'  from  the 
coal  end.  They  come  towards  the  coal  end  already  formed  and  do  not 
grow  by  taking  on  layers  of  clinker  to  any  appreciable  extent.  Look 
at  their  structure  and  this  can  be  seen.  At  about  lif.5'  from  .the  ■" 

coal  end  was  fouod  the  first  evidenoe  of  material  gathering;  small 

accretions,  the  size  of  a  corn  and  easily  crushed  with  the  finger, 
they  were  all  intermixed  with  -the  bulk  of  the  soft  chalk.  Coming 
toward  the  coal  end,  the  accretions  grew  in  size  until  about  35' 
from  the  front  end  (coal)  where  there  were  some  as  large  as  a  fist 


W.H.M . 7 

although  still  soft  and  could  he  crushed  in  the  hand.  There  v/as 
still  present  some  loose  chalk.  At  about  25'  from  the  coal  end, 
the  accretions  had  hardened  more  and  shrunk  somewhat  although  Btill 
smooth.  Here  they  must  have  become  plastic  as  the  coating  on 
the  kiln  lining  begins  at  about  20  to  25'  from  the  codl  end.  At 
15'  from  the  coal  end,  the  balls  have  shrunk  still. more;  are 
harder  and  rougher  and  definitely  formed;  some  showing  cracks  as 
if  separating  into  two-  smaller  balls. 

Any  balls  formed  therefore  have  their  origin  along  about 
35*  from  the  coal  end,  and  they, do  not  grow  appreciably  by  adhering 
to  already  formed  clinker.  You  may  remember  we  never  had  any 
trouble  from  balls  forming  whenever  -Tb-Smuy-we  shut  down  the  kiln 
to  patch  it  by  allowing  a  bed  of  clinker  lie  over  a  hole.  The 
clinker  rolled  about  and  came  out  as  uayal  immediately  on  start¬ 
ing  the  klin.  Some  clinker,  of  course,  stuck  all  along  where  the 
clinker  came  in  contact  with  the  coating.  This  formed  a  rougher 
bed'  in  which  some  of  the  later  clinker  was  caught  on  revolving 
the  kiln;  some  of  it  adhered  after  becoming  soft  and  plastic. 

I  know  that  the  composition  of  the  raw  materials  has  the 
most  to  do  with  the  balling.  Ordinarily  speaking  the  higher  the 
percentage  of  lime  the  lesser  the  tendency  to  ball.  A  chalk  in 
which  the  correct  percentage  of  lime  75  gives  clinker  of  the  proper 
size  and  grade.  To  increase  the  percentage  of  lime  <say  to  76.5#  w 
would  result  in  the  formation  of  smaller  sized  clinker.  To  re¬ 
duce  the  percentage  of  lime  say  to  73.5#  would  cause  the  clinker 
to  form  in  large  balls.  It.  does  not  of  course  fdllow  that  this 


W.H.M, 


would  be  the  result  from  day  to  day  hut  what  has  been  said  applies 
to  the  one  mixture.  One  day  we  could  run  a  chalk  of  76 fa  carbon¬ 
ate  of  lime  and  find  that  the  clinker  balled  pretty  badly.  The 
next  day  we  could  run  in  another..! mixture ..gay  73.5^  carbonate  of 
lime  and  the  clinker  be  of  the  usual  size.  Other  elements  than 
the  lime  and  silica  enter  into  it,  chief  among  which  is  the 
alumina.  But  any  more  of  this  will  be  foreign  to  this  letter,  to 
the  substance  of  which  let  us  return  after  again  stating  that  the 
balling  cannot  be  connected  with  the  depth  of  load  of  material  in 
the  kiln. 

The  passage  of  a  brick  through  the  kiln  was  not  given. to 
illustrate  th  e  rate  travel  of  the  chalk  through  the  kiln.  Bricks 
were  mentioned  simply  in  demonstrating  that  the  speed  of  the  kiln 
had  nothing  to  do  with  the  quantity  of  output;  to  prove  that  it  was 
the  rate  of  feeding  -that  controlled  the  quantity  of  output. 

In  Mr.  Edison's  letter,  the  statement  is  made  in  speaking 
of  the  avalanching  of  the  chalk  that  "with  a  fixed  load,  if  you 
slow  the  kiln  to  half,  the  chalk  hill  doubles  its  altitude;,  and  the 
tendency  and  distance  in  which  the  stock  will  avalanchf- ahead  is 
greatly  increased,  etc." 

In  the  first  place ,  I  do  not  think  the  chalk  hill  would 
be  doubled,  with  double  the  load.  Also  it  is  very  clear  to  see 
that  material  could  hardly  be  projected  as  far  forward  with  a 
slow  speedas  with  a  high  speed.  Whatever  avalanching  of  chalk  does 


W.H.M. 


movement;  when  finally  enough  lias  collected  to  flow  over  the 
ring,  which  is  irregular  in  diameter,  that  part  nearest  the  coal 
end  lunges  forward  forming  a  path  as  it  were  for  all  behind  it, 
easily  slipping  along  on  its  own  bed.  Now  if  the  kiln  is  not 
revolved  so  rapidly  there  will  be  more  material  in  the  kiln  to 
take  up  the  heat  passing  along  to  the  stack,  and  the  place  ijhere 
the  Go2  is  driven  off  will  not  be  so  definitely  marked  as  it 
is  at  present.  Neither  will  the  chalk  ring  be  so  definite;  it- 
can  be  expected  to  be  spread  out  more  through  the  length  of  the 
kiln;  it  will  not  be  so  abrupt.  This  structure  of  it  together 
with  the  slower  revolution  of  the  kiln  will  cause  the  chalk  to 
advance  more  gradually  and  not  to  plunge  into  the  combustion  portion 
of  the  kiln  so  suddenly  as  it  nov;  does.  If  for  no  other  reason  than 
to  remedy  the  last  mentioned  trouble  which  we  now  have,  why  not  try 
it  at  a  SLower  speed? 

The  statement  of  Mr.  Edison' s  that  "coal  will  not  burn 
hb  all  when  the  proportions  of  Co  to  Co2  reaches  33  volumes  of 
Co  to  66  volumes  of  Co2,  no  matter  if  you  have  plenty  of  oxygen" 
can  hardly  be  true  for  al}  percentage  of  oxygen  present.  Probably 
coal  could  not  be  burned  where  the  aboVe  mentioned  gases  consti¬ 
tute  all  the  atmosphere;  but  certainly  if  you  added  more  and  more 
oxygen  or  air,  the  percentage  of  the  total  sum  of  Co  and  Co  2  would 
become  less  and  less  until  finally  they  would  constitute  such  a 
relatively  small  percentage  of  the  whole  that  coal  would  burn.  I 
I  am  hot  prepared  to  say  at  what  percentage  of  air  or  oxygen  this 
combust  ion  would  take  place,  but  that  portion  of  Mr.  Edison's 


V/.H.M . 10 

declaration  "no  matter  if  you  have  plenty  of  oxygen"  unlimited  as 
it  is,  cannot  he  accepted. 

Again  he  says  thaf'no  further  reduction  of  iron  can  take 
place"  speaking  of  the  above  mentioned  relative  proportions  of 
Co  and  Co2  in  blast  furnace  gases.  This  may  be  very  true,  but, 
its  citation  here  hardly  helps  what  he  is  attempting  to  protfve,  ' 
diffi  culty  of  conbustion  of  coal  with  the  above  mentioned  propor¬ 
tions  of  gases  mentioned.  If  iron  cannot  be  reduced,  with  those 
conditions,  then  the  atmosphere  must  be  oxidizing,  or  neutral, 
to  say  the  least.  If  that  is  the  case  with  iron,  it  is  so  because 
the  coal  is  then  .burning  more  completely  than  it  should  for  the 
reduction  of  the  oxides  of  iron  in  the  ore.  It  must  also  be  borne 
in  mind  •fhat  at  the  temperature  of  melted  pig  iron,  and  somewhat 
less,  Co2  is  oxidizing  to  iron,  and  if  it  becomes  too  excessive  in 
the  blast  furnace  gases%  the  atmosphere  there  will  no  longer  be  re¬ 
ducing  but  the  opposite.  So  thafcfdr  the  blast  furnace  it  is  a  case 
of  two  complete  combustions  of  coal-deriving  too  much  oxygen  from 
the  air  and  not  enough  from  the.oxidfe  of  iron  in  the  ore. 

Also  remember,  that  the  action  of  the  blast  furnace  is  one 
of  reduction  whereas  the  action  \  n  I  ir  i  =3S^r<"  of  the  rotary  kiln 
is  one  of  oxidation.  In  the  case  of  the  blast  furnace,  it  must 
be  reducing  to  reduce  the  iron  from  the  oxide  of  iron.  The  rotary 
kiln,  an  oxiding  atmosphere  is  required;  we  want  ho  reducing  action. 
And  if  it  were  immaterial  whether  the  atmosphere  beoxidizing  or  re¬ 
ducing,  it  would  of  cpyrse  be  economy  to  burn  our  coal  completely,.  ' 
to  do  which  an  excess  of  air  is  required.  So  even  if  it  were  not 
nece SBary  we  would  do  it  at  any  rate. 


W.H.M . .  11 

It  must  be  borne  in  mind  that  the  two  operations  ate  the 
exact  antithesis  of  each  other,  reducing  iron  in  the  blast  furnace 
and  forming  clinker  in  the  rotary  kiln.  The  one  product  is  a  re- 
duopd  metal  while  the  other  should  be  a  series  of.  oxides  in  as  high 

,0>  Toiti^yn. ,  ■***■£"*£ 

as  state  of  oxidation  as^the  blastfurnace  gases  are ^reducing. 
Compare  the  analysis  of  the  one  to  the  other. 

Rotary  kiln  gases  taken  from  a  60* Akiln  while  "working 
good.  Co-0. 2^;  Co2  =  10.2^;0=11.8^;  Na77.8^. 

Note  the  percentages  of  Co  and  Co2  also  the  larger  excess 
of  oxygen,  indicating  &  iarge  excess  of  air  and  of  course  consequent 
loss  of  heat. 

Blast  furnace  gases  under  good  working;  average  composition 
of  good  working:  Co  .27^;  Co2  *  14.5^;  N  s  58. 5^ 

One  sfcngle  case:  Co  >  23.7 fe\  Co2  .  13.7^;  N  .  63.1^ 

Note  the  percentage  of  Co  and  Co2  and  of  course  no  free 
oxygen  (The  relative  volumes  of  Co  and  Co2  mentioned  in  Mr.  Edison's 
letter  are  simply  reversed.) 

The.  rotary,  kiln  gases  will  support  combustion.  The  blast 
furnaces  gases  will  not;  but  can  be  .burned.  They  are  exactly  . 
opposite.  Indeed  the  blast  furnace  gases  might  be  used  to  burn 
Portland  cement  clinker.  How  then  can  combustion  of  coal  in  one 
pdseebe  cited  as  an  illustration  of  proper,  working  in  the  other 
case? 

Concerning  the  length  of  the  time  required  for  the  inter¬ 
ior  of  a  one  inch  cube  to  become  as  hot  as  the  outside,  it  may  req¬ 
uire  but  a  few  minutes  but  as  explained  before,  air  or  oxygen  xA^. 
required  also.  Mr.  Edison  says  tlul-  reason  so  many  clinkers  come 
through  the  kiln  with  centres  which  have  never  reached  the  tempera- 


W.H.M . 12. 

tureof  the  zone,  is  that  the  outs ide 'HAS  continually  reaching 
coatings  of  low  te  mperature  chalk".  How  does  this  account  for 
the  fact  that  we  have  had  such  soft  centre  clinkers  when  there  was 
no  chalk  ring  noticeable  and  certainly  no  avalanching  of  chalk? 

And  usually  when  we  did  have  such  chalk  avalanching,  the  clink¬ 
ers  had  a  rusty  appearance  on  the  outside  and  did  not  necessarily  ' 
have  soft  centres.  If  soft  centres  were  due  to  cold  coatings  of 
ohalk,  we  could  not  expgct  the  clinker  to  have  such  a  good  crystal¬ 
line  exterior  which  it  often  has  with  soft  centres.  With  the  load 
of  clinker  extending  fully  fifteen  feet  from  the  coal  end,  we  have 
gotten  soft  centered  clinker.  The  claim  is  made  to  explain  the 
formation  of  such  clinker;  the  soft  clinker  ball  existing  at  about 
35'  from  the  coal  end  it  advances  for  about  ten  fleet  through  what  I 
believe  to  be  the  most  critical  part  of  the  operation  at  a  too 
rapid  rate  for  the  interior  to  be  properly  burned;  a  somewhat  hardO 
er  shell  is  formed  during  its  travel  of  this  distance  preventing 
the  free  burning  of  the  interior  and  the. coating  or  outside  shell 
becoming  harder  and  harder  as  it  ccmes  on  through  the  laBt  twenty 
five  feet  of  the  kiln  to  the  coal  end;  the  chance  of  the  interior 
becoming  burned  thoroughly  is  lessened  as  it  nears  the  coal 
end;  practically  no  chance  after  it  has  come  to  within  ten  feet 
of  the  coal  end.  I  consider  that  portion  of  the  kiln  from  the 
time  you  find  the  surface  of  the  balls  taking  on  the  least  degree 
of  evenness  and  cohesion  up  to  and  including  that  portion  of  the 
kiln  where  the  shell  begins  to  show  indentations  due  to  the  first 
shrinkages,  to  be  the  most  vital  or  if  I  may  say,  the  most  critical. 


W.H.M . 13, 


Hurried  through  this  zone  faulty  combinations  may  ensue;  its  cer¬ 
tainly  does  no  good  to  hurry  it.  If  the  atmosphere  has  nothing  to 
do  with  the  formation  fif  correct  cement  clinker  and  if  the  centre 
of  an  ordinary  piece  of  clinke.r  becomes  heated  to  the  same  degrees 
$s  the  exterior  in  a  few  minutes,  why  then  does  not  the  clinker  for¬ 
med  at  twenty  feet  frdra  the  coal  end,  beoxuoe  completely  and  correct¬ 
ly  formed  in  its  travel  through  this  twentj^the  hottest  part  of 
the  kiln,  consuming  12  to  15  minutes  time?  Air  is  needed,  and  if 
you  have  reached  the  maxium  amount  allowable  then  there  remains  more 
time  which  can  readily  be  given  it;  prolong  the  time  for  action  of 
heat  and  air,  i.e.,  slow  the  kiln.  Slowly  revolving  the  kiln, 
beings  about  the  reactions  more  gradually,  which  surely  cannot 
be  a  detriment  and  there  is  less  liability  of  faulty  combinations 
ensuing  Suppose  we  had  two  chalks  (A)  with  following  percentages 
in  the  different  rocks,  constituting:  cement  rocks  of  two  classes: 
in  one  silica  =  19 f*  another  rock  silica  »  15^.  The  carbonate 

mixed  with  the  above  containing  2 fo  silica.  (B)cement  rock  of  two 
kiidJ-s;  one  had  silica  =  16^;  the  other  14^.  The  carbonate  had 
1C$£  silica.  Each  chalk  mixture  mad  e  so  as  t &  have  the  same  com¬ 
positions  empirically  and  ground  to  the  same  degree  of  fineness. 
Heating  each  alike  skill  not  give  clinker  of  exaltly  like  composition 
structurally.  The  more  quickly  they  are  formed  the  less  will  be 
their  resemblence.  Certain  it  is,  if  formed  slowly  and  gradually 
they  can  be  brought  into  closer  similarity  in  every  respect. 

It-might  be  argued  that  the  clinkers  would  be  the  same  in 
every  respect,  but  it  is  not  true.  Without  going  into  details, 


W.H.M . 14. 


consider  chalk  A  at  35'  from  coal  in  one  kiln.  Chalk  B  at  35'  from 
coal  end  in  another  kiln.  Kilns  exactly  alike ;i:.  all  other  conditions 
similar.  At  what  distance  from  the  coal  end  do  they  become  alike? 

But  of  this  more  will  be  said  again,  details  of  this  not  being  per¬ 
tinent  to  the  question  herein  involved.  Suffice  to  say  for  th'e 
present  that  they  can  be  made  to  more  closely  resemble  each  other 
by  causing  them  to  react  more  gradually. 

It  was  not  meant  to  have  the  clinker  heated  tfl  sof.tening 
for  any  great  length  of  time.  After  the  clinker  is  once  formed 
completely  further  heating  serves  only  to  deteriorate  it,  slagging 

it  in  fact,  if  heated  too  long,  destroying  its  hydraulic  properties 
like 

and  rendering  it/so  much  glass  as  far  as  setting  properties  are 
c  oncerned.  You  may  remember  that  we  had  some  "Dead"  cement  short¬ 
ly  after  we  began  manufacturing  last  October.  This  was  due  to  the 
overburning  of  the  clinker.  By  the  statement  of  violent  manufact¬ 
ure,  which  I  mentioned  was  meant  relatively  violent,  and  it  applied 
chiefly  to  the  reactions  in  the  critical  zone  of  the  kiln.  1 
believe,  however,  if  the  materials  were  held  in  the  plastic 
state  for  an  hours  duration  there  would  be  separation  of  the  mole¬ 
cules  and  some  further  changes  not  ordinarily  to  be  had  in  clinker. 
But  we  do  claim  that  slow  fornation  of  the  clinker  gives  better  re¬ 
sults  than  that  formed  more  quickly.  Take  any  two  chemical  com¬ 
pounds,  you  almost  invarible  secure  a  more  stable  resulting  pro¬ 
duct  by  causing  them  to  react  gradually,  the  slower  the  better^, 
Hjtrrying  the  reaction  does  not  tend  to  form  the  most  stable  ^compounds 

Or  to  give  a  more  practical  case  of  manufacture,  Mr. 

Edison  went  to  the  iron  industry  to  cite  Instances  in  establishing 


W.H.K....;...  15 

A^-kCo ,  kHz  JLuGtfjU  /Wj4*rv«-<i.  ifc&jL.  irta^k.  .  "W>J-  jv^ad^-^-  °f  • 

certalnjilast  furnace  is  pig  iroirwhich  we  wish  to  convert  into 

steel.  The  two  chief  ways  6f  doing  this  are  the  Bessemer  and  Open 
Heafcth  methods.  The  one  requires  about  12  minutes  during  time  of 
reaction.  The  other  requires  about  two  hours  during  time  of 
reaction.  We  then  have  two  steels,  Bessemer  and  Open  Hearth,  and 
I  believe  it  is  generally  conceded  even  in  cases  of  identical  com¬ 
position  that  Open  Hearth  steel  is  better  in  every  respect  than 
•Bessemer.  More  time  is  consumed  during  its  formation,  during  the 
vital  period  of  its  construction.  This  is  not  only  the  generally  ' 
accepted  opinion  among  engineers  and  manufacturers,  but  is  supported 
by  metal  lurgists ,  as  Metcalf,  Campbell  and  others. 

Or  better  still,  stay  right  in  our  line  of  business,  the 
cement  industry.  Note  the  reactions  of  the  cement  itself.  A  cement 
which  sets  slowly,  is  generally  speaking,  strohger  and  better  than 
a  quicker  setting  cement.  More  time  is  required  during  its  crit¬ 
ical/action  with  the  water.  The  slower  the  batter. 

In  conclusion,  let  it  be  said  a  permanent  and  fixed  slow 
speed  is  not  wanted , ,  to  be  the  best,  but  the  above  arguments  and 
refutations  of  statements  are  made  in  defense  of  more  slowly  burned 
clinker. 

Concerning  the  much  mentioned  avalanching  of  chalk,  I  must 
say  I  have  not  noticed  as  much  of  it  as  I  have  heard  of.  I  have  seal 
it  at  times,  in  one  instance  sufficient  to  be  serious;  but  I  hard¬ 
ly  think  it  is  guilty  of  all  the  accusations  against  it.  There  are 
about  a  half  dozen  or  more  factors  entering  into  the  formation  of 


clinker  i  and  all  the  faulty  have  been  put  to  two  or  three  factors 
.  only,  let  me  ask  how  can  you  expect  the  same  reactions  to  take 
place  vrith  chalk  feed  screw  at  say  60  R.P.M.,  and  kiln  makes  a  revo¬ 
lution  in  35  sedaids  in  one  instance;  and  in  another  have  the  chalk 
feed  at  90  R.P.E.  with  the  kiln  at  same  speed,  the  chalk  the  same 
in  each  case?  It  is  impossible. 

Finally  it  is  understood  that  some  of  the  defects  due  to 
imperfect  clinker  can  be  in  a  manner  atoned  for  by  fine  grinding 
'  and  by  stprage  of  the  resulting  cement.  However,  healing  this 
penance  may  be,  innocence  is  the  more  desirable. 

For  stability  in  any  thing,  build  slowly. 

Yours  truly,  ■ 

(signed)  Edward  Dinan, 


e.p.d. 


Chemi st , 


^y/AprU  28th»_I904J_ _ 

Mr.  Thos.  A.  Edison, 

Orange,  H.  J. 

Dear  Sir:- 

I  was  in  Philadelphia  yesterday  with  Mr.  Gerstell,  Vice  President 
of  the  Alpha  Portland  Cement  Co.,  and  visited  Howson  &  Hows  on,  patent 
lawyers,  also  Mr.  Pusey,  the  lawyer  whom  the  Alpha  have  retained.  We 


application  of  Mr.  Roseherry  e 


(which  was  refused1) 
i  myself  in  the  year  189a.  about  5  months 


previous  to  the  Atlas  making  application.  We  retained  Howson  &  Howson 
to  work  on  this  case  with  Mr.  Pusey,  and  in  talking  over  things,  both 
Mr.  Howson  and  Mr.  Pusey  were  of  the  opinion  that  it  would  have  great 
bearing  with,  the  Judge  if  you  would  give  your  personal  opinion.  These 
two  lawyers,,  with  Duncan  &  Duncan,  of  Hew  York,  who  are  the  lawyers  for 
the  Atlas  Co. ,  would  be  willing  to  come  to  Orange  and  meet  you  at  your 
laboratory  and  take  your  testimony.  It  would  hot  be  necessary  for  you 
to  go  into  Court. 

I  think  you  will  realize  that  it  is  very  necessary  that  we 
should  all  do  out  utmost  to  win  this  fight,  as  it  would  effect  all  of  us 
materially  should  the  Atlas  obtain  judgement  in  their  favor.  May  I  not 

write  Howson  &  Howson  and  Mr.  Pusey  and'  inform  them  that  a  meeting  at  your 
laboratory-.  : y  to  take  $&stlmqnytwill  be  satisfactory?  This  would 


II) 


Sheet  #2 

probably  he  arranged  for  some  day  next  week,  or  week  after. 
Awaiting  your  reply,  I  am. 


LEHIGH  PORTLAND  CEMENT  CO., 

Mr.  Thos .  A.  Edison.  4/28/1904. 


Atlas  Co.  vs.  Alpha  Co. 


‘  Kr.  Charles  A.  Matcham, 

Mgr.  Lehigh  Portland  Cement  Co., 
'  Allentown,  Pa. 


Dear  sir:- 


April  29, .  1904 


Your  favor  of  the  28th  inBt.  has  "been  referred  to  me. 
Mr.  Edison  is  entirely  willing  to  give  you  a  deposition  in  the  suit 
if ,  in  his  opinion,  he  could. do  thi3  effectively.  Por  this  pur¬ 
pose,  he  suggests  that  you  should  send  me  a  copy  of  3uch  testimony 
as  may  have  already  been  taken,  together  with  copies,  of  such  pa¬ 
tents  and  publications  as  you  may  rely  on  to  invalidate  the  Hurrey 
and  Seaman  iJatent,  in  order  that  1  may  look  into  the  case  and  ad¬ 
vise  him  of  its  present  situation. 

Yours  very  truly, 


-PLD  /m. 


Atlas  Co,  Suit.  May  10,  1904. 

Thomas  A.  Edison,  Esq., 

Orange,  H.  J.  < 

Dear  Sir:- 

Suit  lias  teen  brought  by  the  Atlas  Company  against 
the  Martins  Creek  Portland  Cement  Company,  but  the  defense  is  evi¬ 
dently  being  handled  by  the  Lehigh  and  Alpha  Companies. 

The  defendants  make  use  of  a  coal  burning  apparatus 
wherein  air  pressures  of  from  4  to  8  ounces  are  used  supplied  by 
a  Root  blower.  The  Hurry  and  Seaman  patent  Ho. 645, 031  of  March 
6th,  1900  describes  a  high  pressure  apparatus,  the  patent  re¬ 
ferring  to  "20  pounds  to  the  square  inch,  or  thereabout".  The 
under-lying  feature  of  the  invention  is  in  injecting  a  core  of 
pulverised rcoai  and  air  insufficient  to  support  combustion  and  draw¬ 
ing  into  the  kiln  a  surrounding  envelope  of  hot  air  to  make  the 
combustion  perfect.  The  patent  says:  “So  far  as  we  are  aware,  we 
are  the  first  to  successfully  and  practically  burn. cement  material 
into  cement-clinker  by  the  use  of  pulverized  carbonaceous  fuel  in- 
jeoted  into  the  rotary  furnace  by  means  of  an  air-jet".  So  far  - 
aB  I  can  determine,  this  statement  is  correct,  and  the  Hurry  &  Sea¬ 
man  patent  does,  in  fact,  represent  the  first  suggestion  of  the  use 
of  pulverized  fuel  in  arotary  cement  kiln.  The  Atlas  people,  . 
therefore,  are  seeking  to  have  the  patent  construed  as  broadly  cov- 


T.A.E.  2, 


ering  all  rotary  cement  3d. Ins  in  which  pulverized  fuel  is  injected 
longitudinally  of  the  kiln,  the  necessary  air  to  support  combust¬ 
ion  heing  dravaniin  by  the  injeotive  action  of  the  blast  and  by  the 
natural  draught  through  the  kiln.  “The  defenses  which  are  being 
urged  are: 

.  Eirst  -  irone-infringement.  (a)  Because  the  patent  must  be 

limited  to  a  process  using  a  high  pressure  like  that  produced  by 
a  piston  compressor  as  distinguished  from  a  low  pressure  produced 
by  a  fan  or  blower,  (b)  because  the  patent'  is  limited  to  a  separate 

combustion  chamber  connected  with  bjit  independent  of  the  kiln  it- 

’ 

self  and  (c)  because  with  a  low  pressure  blast  there  is  more  or  less 
impingement. 

1  Second  -  lack  of  invention,  (a)  Because; the  desirability 
of  securing  a  heating  effect  in  an  open  space  by  radiation  rather 
than  by  impingement  of  the  flame  on  the  material  treated,  has  been 
recognized  ever  since  'the  invention  of  the  Siemens  regenerative 
furnace,  (b)  because  in  vie-W  of  the  prior  suggestions  of  burning 
gas  or  oil  the  possibility  of  burning  pulverized  fuel  in  the  same 
way  would  be  obvious  and  (c)  because  pulverized  fuel  has  in  fact 
been  burned  in  other  furnaces,  and  no  invention  would  be  required  i 
to  use  it  in  a  rotary  cement  furnace. 

So  far  as  the  defenses  (b)  and  (c)  on  the  question  of  non- 
infringement  are  concerned,  I  think  they  are’ without  force,  since  ' 
there  seems  to' be  no  evidence  that  there  is  impingement  of  the 
flame  in  the  defendants*  apparatus,  nor  does  the  separate  oombustion 


chamber  appear  to  be  regarded  In  the  patent  as  essential.  It  1b 
possible  that  the  Court  might  limit  the  patent  to  a  high  pressure 
device  and  thereby  all||  the  present  defendants  to  escape,  but 
this  would  evidently  not  help  the  Edison  Company. 

The  defense  of  lack  of  invention  may  be  persuasive,  al¬ 
though  the  fmant  who  first  accomplishes  the  desirable  result  is 
favorably  considered  by  the  Courts.  Yet  if  it  could  be  shown  that 
whenj  the  price  of  oil  was  increased,  the  use  of  pulverized  coal 
was  immediately  taken  up  that  fact  would  indicate  a  degree  of  ob- 
•yiousness. 

°n  the  whole,  I  am  impressed  with  two  things,  first,  that 
this  is  a  very  dangerous  case  and,  second,  that  Mr.  Duncan,  attor-  1 
ney  for  the  Atlas  Cos® any,  is  an ’exceptionally  able  man  in  this  art 
and  very  much  more  familiar  with  the  subject  that' Mr.  Pusey,  who 
represents  the  defendants.  There  is  the  danger  in  your  giving  a 
deposition  that,  going  into  t&e  base  that  you  are  not  familiar  With 
the  details  of  and  without  full  preparation,  admissions  Mght  be 
secured  by  Mr.  Duncan,  which  would  embarrass  you  in  the  Went  of 
a  suit  against  your  Company.  On  the  other  hand,  a  deposition  tf*om 
you  would  carry  great  weight  because  of  your  reputation  and  ofyour 
familiarity  with  the  art.  Even  if  the  patent  is  not  invalidated 
but  if  the  suit  is  decided  against  the  Atlas  Company  ohithegrourrk  of, 
non-infringement,  there  would  always  be  a  certain  moral  weakness 
in  the  Atlas  case.  It  was  therefore  undoubtedly  a  tactical  mistake 
the  part  of  Mr.  Duncan  to  bring  the  suit  against  a  low  pressure 


I 

T.A.E.  4. 

apparatus  rather  than  against  a  high  pressure  apparatus.  Should 
you  give  a  deposition  it  ought  not,  in  ay  opinion,  go  beyond  these 
points: 

1.  A  reference  to  the  well  recognized  engineering  practice 
of  securing  a  heating  effect  by  radiation  as  originally  suggested 
by  Siemens. 

2.  An  expression  of  your  opinion  that  in  view  of  the  use  of 
oil  and  gas,  the  employment  of  pulverized  coal  would  be  obviouB. 

3.  The  well  recognized  possibility  of  using  a  blast  of  pul¬ 
verized  coal  as  a  substitute  for  gas  or  a  blast  of  oil. 

A  deposition  strictly  confined  to  these  points  could  not, 
to  my  mind,  be  hurtful,  although  if  you  read  the  cross-examination 
by  Mr.  Duncan  of  the  witnesses  Gerstell,  prenail  and  Brooks,  you 
will  see  the  kind  of  a  cross-examination  that  you  will  undoubtedly 
be  subject  to. 

Yours  very  truly, 

eed/mm. 


Hurry  &  seamen  Patent. 

Mr.  Henri  Hatch, 

i  5  Sheridan  Square,  ' 

.  Hew  York  City. 

Dear  Mr.  Hatch: - 

Your  favor  of  the  20th  inst.  lias  "been  received. 

I  think  you  will  find  all  work  in  connection  with  powdered  coal 
to  lae  subsequent  to  1866  and  possibly  later  than  1880.  I  don't 
quite  understand  the  distinction  which  you  draw  between  "coal  dust" 
and  “powdered  coal".  Of|course,  if  the  dust  carries  considerable 
quantities  of  slate  and  other,  non-carbonaoeous  material  it  would 
not  answer  the  purpose,  but  otherwise  X  see  no  distinction  between 
coal  in  a  natural  pulverulent  form  and 'coal  which  has  been  purpose¬ 
ly  powdered. 


TRe  Edison  Portland  Cement  (g. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

June  23,  1904. 


Literature,  etos 


Mr.  Irani  L.  Dyer, 

Edison  laboratory, 

Orange ,  N.  J. 

Dear  Sir:- 


Under  separate  cover,  I  am  sending  you  today,  such  literature 
as  I  expect  to  he  of  use  to  you  in  your  studies  on  the  rotary  kiln.  X 
will  leave  them  in  your  own  good  care  as  long  as  you  '/risk  and  v/ill  he 
pleased  to  furnish  you  any  others  which  come  tn  my  notice.  Also  should 
you  at  any  time  come  to  any  reference  to  a  technical  paper,  have  in 
mind  that  I  live  close  to  the  Lehigh  University  Library,  vhich  is  open 
day  and  ni^ht^iid°  where  most  of  the  leading  technical  j  ournals  can  he 
reached. 


You  will  note  the  interesting  figures  on  pa&e  68,  Vol.  12,  Ho.  5; 
conpare  with  the  results  obtained  at  the  Alpha  Plant.  Newburry  took  care 
to  allow  no  coal  to  be  blown  in  while  cooling.  At  any  rate  you  will  see 
how  far  forward  the  raw  material  travels  undecomposed. 

^et,  a  clear  conception  of  the  changes  occuring  to  the  chalk 
during  its  passage  through  the  kiln.  The  Ash  of  the  coal  is  not  con¬ 
sidered  in  the  case  cited;  it  will  have  its  effect,  although  it  is 
slight.  Note  that  100  lbs.,  chalk  gives  about  64  pounds  clinker  and 
36  pounds  gas. 


Hare  are  a  few  thoughts  on  the  subject  as  a  whole j 
Old  stationary  kiln  pmctice  with  heating  like  in  a  limekiln, 
consumes  as  low  as  only  50  pounds  coal  per  barnl  cement. 

Hrom  i,athhury  &  S packman,  cement  Engineers,  of  Philadelphia, 

I  read  under  the  description  of  what  they  term  their  type  of  .rotary 
kiln  (1902)  (ordinary  80'  kiln  like  any  other). 

"The  capacity  and  coal  consumption  of  a  rotary  kiln  Varies  with 
its  size  and  nature  of  the  raw  materials  burned,  the  fonaar  being  frcm 
126  to  200  pounds  cement  per  day  of  24  hours,  the  latter  from  100  pounds 
to  175  pounds  per  barrel  of  cement  produced." 

Best  60*  practice  cannot  come  under.  105  pounds.  I  note" 
figures  a  few  years  ggo,  for  60'  kiln;  200  in  24  hours;  134 

pounds  coal. 

The  100  and  105  pounds  you  hear  of  is  the  bestrXuu^ 

Book  at  60*  kiln  and  you  notice  regilar  puffings,  continuously 
i& i  the  smoke  rolls  out  and  then  for  a  moment  at  intervals  of  6  to  8 
seconds  it  "flareB"  up  and  then  quiets;  slow  roll  of  smoke  for 


ids.-  kison  kiln  showi 


about  6  to  8  seconds.  Edison  kiln  shows  nothing  like  this,  the 
Edison  shows  a  constant  outpouring  of  smoke. 

It  is  the  exception  to  have  clear  smoke  with  a  60'  kiln  under 
hard  driving.  You  nearly  always  find  the  smoke  dark.  It  is  remarked 
when  clear. 

In  60'  kiln  you  notice  when  kiln  working  with  a  good  load, 
intermittent  rumbling  with  puffing  of  gas  out  of  the  front  openings 


Mr.y.L.D..  ....3. 


(at  coal  end)  of  the  kiln.  You  do  not  notice  this  with  Edison. 

You  nearly  always  notice  the  smell  of  hydrogen  sulphide 

(&  sometimes  sulphur  drioxide)  about  the  rear  of  tbs  60'  kilns. 

\4-j_S  -/»—• rytrUL*.  -*-%  W 

This  indicates  unoxidixed  sulphur  escaping  or  when  the  *  l 

sulphur  dioxide  is  noticed,  it  indicates  it“Ais  being  burned,  probably 
just  as  it  leaves  the  kiln;  G'W'. 

Complete  combustion  would  allow  no  hydrogen  sulphide  to  escape. 

A  more  thorough  heating  is  insured  with  Edison  kiln. 


Edison  handles  a  larger  mass  under  heat  and  thereby  saves  heat 
otherwise  necessary  to  heat  the  surroundings.  This  not  only  insures 
a  better  reaotion  between  the  molecules^but  saves  heat. 

In  a  60*  kiln,  about  one  hour  is  required  for  passage  of 
material  thrcngh  kiln.  In  150*,  about  one  hour  and  40  minutes depends 
on  speed  of  rotation  and  pitch,  but  an  hour  is  about  right  for  average 
60'  kiln,  which  on  an  average  make  a  revolution  in  l-l/4  to  2  minutes, 
while  Edison  revolves  in  about  30  to  40  seconds  at  present. 

lathbury  &  Spackman,  say  under  the  chemical  and  physical 
properties  of  portland  cement  (1902)  "Not withstand ihg  the  brilliant 
investigations  of  noted  scientists,  the  chemistry  of  portland  cement  is, 
a  subject  not  thoroughly  understood.  By  long  experience  in  its  manufac¬ 
ture,  we  are  able  to  draw  from  the  results  of  many  analyses  the  safe 
limits  of  the  essential  ingredients  butt'the  manner  in  which  these  simple 
ingredients  are  bound  together „and  the  changes  they  undergo  during  the 
setting  of  the  cement. are  not  clear.)* 


In  considering  what  tales  place  in  the  travel  of  raw  material 


through  the  kiln  to  clinker  note<  the  following  figures.  The  analysis 
taken  if  from  one  in  actual  practice.  What  is  to  occur  in  burning  1b 
worked  out  thrord^ically  and  pactice  c  etnas  very  close  to  the  figures 
given  for  calculated  c  anposit ion  of  clinkeri 

In  100  lbs.,  raw  Changes  during  Left  after  bur-  Gives  clinker  _eait utnXbS 

material  we  have  burning _  ning  100  lbs,  of  ccmpoBltion 

TBa.  ~  ’  lb's'.  “* 

Silica  13.67  None  13.67  20.79 

Oxide  of  Iron  2.09  "  2.09  3.22  Which 

Alumina  5.59  »  5.59  8.63  is 

Carb.  of  Lime  74.46  44^  goes  off  as  41.70  64.38  pulverized 

gas; leaving  lime  to 

cement 

"  Magnesia  3.60  52.4JS  goes  off  as  1.72  2.65 

gas;  leaving  mag*a 

Moisture  organic  All  lost 

matter  etc. _ .59  altogether _ 0.00 _ 

100.00  lbs.  -  -  -  64.77  lbs.  clinker 

The  ash  in. the  coal  has  not  been  considered;  it  will 
have  its  effect  although  slight. 

Kiln  No.  7,  July  6,  1899,  Alpha,  60*  long.  Material  in 
kiln  noted  after  kiln -had  been  shut  down  for  4  days.  Was  allowed  to 
cool  with  very  littie  turning.  Beginning  at  the  coal  end  the  following 
was  noted  in  going  through. 

Clinker  changing  from  hard  to  the  soft  lumps  or  accretions 
beginning  a  few  feet  from  the  mouth  back  to  14’  where  no  cohering  masses 
were  found.  A  yellow  powder  beginning  at  10'  continuing  to  20’,  i.e., 
overlapping  4»  of  the  beginning  olinker  formations.  Irom  20  and  30'  the 


Mr.S’.L.D, 


change  from  a  yellowish  to. a  darker  powder  noticed:  although  at  40  there 
was  still  same  'yellowish  powder.  Erom  40  where  there  exists  some 
yellowish  powder  a  change  to  pure  dark  undecamposed  mate  rial  was, evident, 
showtg  no  signs,  of  decomposition  whatever. — •  <-uS 

“  A  little  allowance  must  he  made  for  a  slight  forward  movement 
of  the  material  while  the  kiln  is  turned  during  cooling. 

This  was  a  bottle  shaped  kiln;  diameter  from  front  to  33* 
being  S'S";  between  33  and  38  the  kiln  tapers  to  internal  diameter  of 
.  5*8" .  Diameters  measured  with  brick  in, ’of  course. 


Ho. 


Insoluble 
&llice ous 
matter. 


19.88 

19.24 

18.24 
17.56 
16.42 
16.94 
16.94 
17.28 
17.28 
17.16 
17.10 


10.20 

8.50 

8.38 

7.12 

6.30 
3.66 
3.60 
2.44 
2.46 
ZAO 

2.30 


lime 

21.02 

61.41 

50.72 

57.52 

53.04 

48.51 

44.01 

42.82 

43.16 

43.03 

.Wfc 

43.16 


0.99. 

2.76 

2.22 

2.51 


1.73 

•  1.71 


’4 


Kagnesla. 


^  ~  SMa+jl  h  Xjma{.  “  0,  t)  6— 

V-  H  \6.*V7 •**.  *«• 


Mr.J.L.D. . 


5k.<_ 

«?  ^  r  ^  *'*7^ 

The  amount  of  carbonic  acid  (CO2)  was  not  detennined  but 
was  present  in  all  samples  except  No.  1.  It  was  of  course,  greatest  in 
No.  12  the  fresh  raw  raiotute  in  the  kiln,  about  34^  and  decreased  as  the 
samples  read  from  No.  12  to  No.  1  where  practically  none  was  present. 

Coal  dust  was  also  present,  having  been  blown  in  and  becaning 
mixed  with  the  material.  Coal  via. a  found  in  decreasing  amounts  from  No.  1 
to  and  including  No.  4i 

Sample  No.  1  contained  a  great  deal  of  coal  as  might  be 
inferred  from  the  analysis  given.  This  came  from  the  last  unconsumed 
coal  blown  in  as  the  kiln  stopped;  no  doubt  some  of  it  came  from  the 
few  rotations  given  the  kiln  in  cooling.  This  must  have  taken  place  to 
a  little  extent  as  you  notice  the  material  from  No.  12  forward  to  No.  8, 
30',  showed  practically  no  decomposition.  Thirty  feet  is  a  little  too 
far  from  the  rear  end  to  go  undecomposed. 

At  any  rate  count  on  this;  it  is  the  unusual  condition  in  60* 
kiln  practice  to  have  clear  smoke'  issuing  from  the  stack.  A  kiln  is 
said  to  be  working  very- nice  and  is  not  hustling  when  emitting  clear 
smoke.  So  that  there  is  usually  throughout  the  kiln  unconsumed  carbon. 
Some  of  this  gets  mixed  with  the  material  and  comes  on  towards  the  front  : 

:  of  the  kiln  again  while  its  combustion  occurs  while  mixed  with  the  chalk  . 

and  the  then  f  orming'  clinker.  'K&4' 

'Or  CQ4KijiftXtK  o£c^  woW'.  6  0 

•••..  ■  ABC  anything  new  occurs  to  me,  WI  will  send  it  to  you  . 


(X  &ii Aatlm 


TKe  Edison  Portland  Cement  ( q . 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 


June  27,  1904. 


Mr,  E.  L.  Dyer, 

Edison  laboratory, 
Orange,  H.  J. 

Dear  Sir:- 


1  tlo4  ) 


The  temperatures  at  base  of  stack  in  60  ft.  kilns  are  close  to 
1300  degrees  E.  in  actual  practise  the  following  figures  were  taken:- 
1480-  1380  -  1050  -  1290  -  105Q,  -  1400  -  1620;  average  1330. 

By  Edison  removing  ©o  much  C.0.2  so  far  back  as  he  does  the 
amount  of  chalk  (then  carbonated)  is  so  great  as  to  account  in  a  large 
measure  for  the  increased  efficiency.  That  is  if  you  decarbonate  (only) 
chalk  in  one  60  ft.  kiln,  and  then  fed  it  into  another,  60  ft.  kiln  the 
output  of  this  other  would  be  much  more  than  is  the  case  at  present-  of 
feeding  the  chalk  in  and  completing  the  work  in  one  60  ft.  „  &>r  example :- 
A  good  60  ft.  kiln  can  clinker  200  bbls.  in  one  day.  That  means  about 
120,000  lbs.  of  chalk  consumed;  and  means  also  that  40,000  ibs.  gaB  -ri'C.0.2 
must  be  driven  off.  This  is  usally  accomplished  with  escaping  gases  of 
a  temperature  of  1300  3?.  Also  the  reaction  takes  place  suddenly  i/e/ 

the  C.0.2  being  driven  off  and  the  clinkering  being  done  immediately 
afterward. 


The  size  compels’ a  short  reacting  zone;  compels  the  coal  to  be 
consumed  in  a  short  length  of  kiln. 

With  Edison  kiln,  we  have  say  700  bbls.  per  day;  this  means 
420,000  lbs.  of  chalk  consumed  and  means  140,000  lbs.  gas  C.0.2  driven  off. 


Mr.  E.  L.  Dyer.  -• 


-No.  2. 


’  The  escaping  gases  are  of  a  leaser  temperature  than  in  the  case  of  the 
60  ft.,  kilns. 

The  length  of  the  kiln  favors  a  more  gradual. calcining  of  the 
chalk  and  thereby  lengthens  the  part  ^frrthe  coal  combustion.  These  differ¬ 
ences  may  be  illustrated:- 


(3  O 


£2} /SO  LN 

Qo—aJi. 

It  looks  to  me  as  if  v/e  may  say  we  have  a  kiln  within  a  kiln. 

’  That  18  our  la8t  half  (f™m  the  coal  end)  may  be  temed  a  calcining  kiln; 
the  first  half  a  clinkering  kiln.  In  shott  it  apperars  to  me  as  if  Edison 
has  accomplished  what  was  attempt  by  others  as  you  may  notice  in  the 
|  book  -  »  The  Cement  Industry  «  -  p.  i88  to  199.  In  the  second  paragraph 
p.  194  you  see  how  Mr.  Giron  tried  to  get  rid  of  C.0.2  before  burning  - 
i  so  as  to  increase  hie  output..  His  process  was  not  practicable.  Edison's  ' 
|  certainly  is. 


Yours  truly, 


G&Ksew. 

Chemist.  ! 


THe  Edison  Portland  Cement  (£>. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 


P.  O.  Address,  STEWARTSVILLE,  N.  J. 

July  5,  1904. 


in  ms  Kilns: 


Mr.  Irani  L.  Dyer, 

.  Edison  Laboratory, 

Orange,  IT.  J. 

Dear  Sin- 

Continuing  our  notes  on  the  rotary  kiln,  there  occurs  to 
me  the  following: 

ISy  impression  is  that  in  Mr.  Edison's  description  of  ordinary 
rotary  kiln  practice  the  statement  is  made  that  only  two  sets  of  idlerB 
or  supports  for  60*  kilns  are  used.  I  am  imformed  by  the  ex-assistant 
superintendent  of  the  Lehigh  Company,  that  all  their  60'  kilns  rest  on  3 
idlers.  He  stated  that  many  of  the  older  canpanies  used  3  setsrof 
idlers  before  they  felt  safe  enough  in  using  two.  And  further,  it  was 
his  opinion  that  the  Atlas  plant  at  present  have  3  sets  under  at  least 
some  of  ' their  kilns. 

Referring  to  your  book;  the  cement  industry,  note:  page  58,  the 
picture^ and  page  117,  figure  70;  three  supports  are  shown. 

1  also  recall  finding  coal  mixed  with  material  in  the  60» 
kiln  ln  middle  third  and  possibly  beyond  and  account  for  it  by  coal 
passing  back  unconsumed  coming  in  contact  with  the  cooler  chalk  moving 
forward,  becomes  mixed  with  the  latter,  is  churned  up  with  it  and  so 
advances  towards  the  front  of  the  kiln  again  where  it  is  consumed. 


) 


In  other  words  some  of  the  -fe&sta? make s  a  little  exaursion  before  it  is 
consumed.  I  noticed  no  unconsumed  coal  in  our  kiln,  although  as  stated 
before ,  7/e  made  no  search.  It  is  my  opinion  however,  none  would  be  . 
found.  As  stated  before,  unconsumed  coal  escaping,  seems  to  be  the  rule 
at  the  ordinary  plants. 


E.P.D, 


Kilns: 


July  7,  1904 


Mr,  Edward  Dinan, 

Edison  Portland  Cement  Co., 

Stewart sville,  H.  J. 

pear  Sir:- 

Your  favors  of  the  5th  inst.  have  teen  received,  and 
1  thank  you  for  the  additional  information  on  this  subject,. 

1  am  glad  to  have  you  call  my  attention  to  the  fact 
that  with  the  old  60  ft.  kilns  it  has  been  customary  to  make  use 
of  three  sets  of  supporting  rollers.  I  was  under  the' 'impression 
that  this  was  not  the  case,  as  I  had  assumed  that  the  warping  of  a 
wrought  iron  kiln  would  prevent  more  than  two  sets  of  rollers  from 
being  used.  >' 

If  iron  will  let  me  know  when  the  kilns  are  running 
smoothly,  Iwwill  arrange  to  come  up  to  Stewart sville  sometime  when 
you  are  not  too /busy,  to  take  up  these  questions  with  me. 

■  Yours  very  truly. 


EED/iOi, 


TRe  Edison  Portland  Cement  (q. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 


Kiln: 


July  12,, 1904. 


Mr.  Prank  I».  Dyer, 

Edison  Laboratory, 

Orange,  N.  J. 

Dear  Sir: 

There  occurs  to  me  another  feature  of  the  Edison  kiln. 

In  the  reaction  of  clinkering  there  occur|  reactions  which 
cause  an  evolution  of  heat .  That  is  after  the  materials  are  raised 
to  a  sufficiently  high  temperature  the  combination  ensues,  and  during 
this  combination  there  is  a  considerable  evolution  of  heat;  so  much  in 
fact  thatif  it  were  possible  to  prevent  all  loss  by  radiation  and 
conduction,  were  we  to  erect  say  a  cylinder  and  fill  it  with  chalk 
and  then  raise  the  temperature  of  the  mixture  at  the  bottom  to  the 
clinkering  temperature,  the  reaction  or  clinkering  of  all  the  rest 
would  proceed  with  but  a  very  little  addition  of  outside  heat.  That 
is  after  it  were  once  started  only  a  very  little  extra  amount  of  heat 
is  necessary  to  be  added  continually  for  the  conpletion  of  the  reaction. 
Prom  this  it  occurs  to  me  that  with  our  large  volume  of  kiln 
we  more  readily  get  the  benefit  of  this  heat  of  combination,  i.e., 
we  have  a  field  in  which  it  may  work  r—  the  large  amount  of  material 
coming  after  it-taking  up  this  heat. 


TKe  Edison  Portland  Cement  (g. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

Kiln.  — 2— 

Even  if  there  we re  no  heat  of  combination  there  is  a  greater 
y 

constellation  of  heat  with  the  much  larger  mass  of  material  under 
reaction,  which  we  handle. 

In  short  our  kiln  affords  a  better  chance  for  getting  the 
benefit  of  the  heat  of  combination  during  clinkering  and  in  this 
is  greatly|)different  from  the  ordinary  kiln. 

The  more  I  think  over  this  the  more  convinced  I  am  that 
this  point  is  an  important  one.'  Hot  about  the  bigness  of  tlB  kiln 

or  load  it  carries,  affording  a  larger  field  for  work  for  the  coal - 

but  the  chance  afforded  for  the  absorbtion  of  so  much  of  the  heat  of 
reaction. 

I  trust  the  point  I  wish  to  make  is  clear  to  you. 

yours  truly,  a 

Chemist.. 


(X  SjworL, 


Edison  Kiln: 


July  13,  1904 


Mr.  Edward  Dinan, 

Edison  Portland  Cement  Company, 
Stewart sville,  M.  J. 


Dear  Sir:- 


Your  favor  of  the  12th  inst.  has  been  received,  hut 
your  point  is  not  quite  clear  to  me. 

I  do  not  see  how  it  makes  any  difference,  so  far  as 
economy  is  concerned,  whether  the  heat  in  the  kiln  is  due  to  chemi¬ 
cal  combination  within  the  mass  or  to  the  combustion  of  the  coal. 
Whatever  may  be  the  reason  for  the  high  efficiency  of  the  Edison 
kiln,  I  do  not  see  how  the  two  sources  of  heat  can  be  disassociated, 
and  I  wish  therefore  that  you  would  make  your  point  clearer  if  pos¬ 
sible.  Of  course,  I  appreciate  the  fact  that  with  the  Edison  kiln 
T/tfen  inorease  the  radiating  surface  only  about  50  per  cent,  while 
we  increase  the  load  of  material  400  or  500  per  cent.  Thus  we  pro¬ 
vide  a  much  greater  relative  mass  of  material  for  the  absorption 
of  heat.  Has  this  anything  to  do  with  the  point  you  now  make? 

Yours  very  truly, 


ELD/kni, 


TKe  Edison  Portland  Cement  (q. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J, 

P.  0.  Address,  STEWARTSVILLE,  N.  J. 

,  m  Cement.  July  15,  1904. 

Mr.  Frank  I*.  Dyer, 

Edison  laboratory. 

Orange,  N.  3. 

Dear  Sir: 


Your  favor  of  the  13th  is  received,  and  on  re-reading  my 
letter  of  the  12th  I  think  you  understand  what  I  mean.  I  judge  so 
from  the  conclusion  in  your  letter:  "Thus  we  provide  a  much  greater 
relative  mess  of  material  for  the  atosorbtion  of  heat." 

To  illustrate  more  clearly 2-  (A)  Take  100  lbs.  chalk  and 
place  in  a  box  of  size  capable  of  holding  3000  lbs .  Now  clinker  this 
and  consume  an  amount  of  heat  allowing  for  losses,  =  X.  (B)  .  Take 
this  same  box  and  place  in  it  1000  lbs.  of  chalk  and  clinker  it.  The 
amount  of  heat  needed  to  clinker  it  will  be  less  that  10X.  That  is, 

100  lbs.  requires  X  units  of  heat,  tut  1000  lbs.  does  not  require  10X 
units  although  ot  is  10  times  the  weight. 

t’/e  must  first  supply  heat  for  all  lost  by  radiation,  conduct¬ 
ion,  etc.  in  the  case  of  1°°  lbs.  Then  the  002  must  be  driven  off 
and  the  temperature  of  the  then  calcined  chalk  raised  to  the  temperature 
of  reaction;  then  the  ingredients  react,  the  lime  combining  with  the 
silica,  and  the  othee  molecular  changes  taking  place.  Now  when  these 
combinations  take  place,  a  considerable  quantity  of  heat  i3  evolved, 
but  in  the  case  of  the  1°°  15s  mass  the  reaction  takes  place  so  very 
quickly  that  there  ls  practically  no  time  between. the  first?  10  lbs.  and 


TKe  Edison  Portland  Cement  (6. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 


Cement  --2- 


the  last  10  lbs .  so  that  all  this  heat  of  combination  is  carried  off  in 
the  gases. 

In  the  case  of  the  1000  lbs .  in  the  box,  the  quantity  is  so 
large  that  you  do  not  raise  practically  all  of'  it;  to  the  temperature 
of  reaction  at  the  same  time;  part  of  it  closest  to  the  source  of  heat 
reaches  the  required  temperature  first;  the  reaction  ensues  and  the 
heat  of  reaction  is  (of  course  together  with  that  from  the  original  source 
of  heat)  taken  up  by  the  material  in  contact  ywhich  lat^r  then  clinkers 
and  gives  out  heat,  which  in  turn  is  absorbed  by  material  next  in  contact 
with  it.'  In  this  way  the  reaction  '•grows'’  as  it  were. 

Of  course  it  takes  a  longer  time  for  1000  lbs .  to  react  than 
for  100  lbs.  but  not  10  times  as  long  because  after  that  part  of  the 
material  which  f^rst  reaches  the  clinkering  temperature  (  say  first 
bottom  layer  of  100  lbs.)  has  reacted,  this  heat  of  reaction  penetrates 
farther  up  into  the  mass  (supposing  the  source  or  heat  to  be  from  below 
the  box)  and'^ingsTjabout  the  reaction  of  the  second  100  lbs,  layer.  In 
this  way  the  reaction  grows,  and  as.it  were  increases  in  velocities  you 
ascend  through  the  box. 

IShat  may  be  in  a  manner  be  practical  demonstration  of  these 
statements  is  found  in  the  working  of  an  upright  stationary  cement  kiln, 
buil^Tlike  an  ordinary  lime  kiln —  and  filled  with  alternate  layers  of 
coal  and  of  chalk  mixture  moulded  into  brick3.  In  such  a  kiln  as  r.  • 
low  as  50  lbs.  of  coal  produces  a  barrel  of  cement  of  380  lbs.  Of  course 


TKe  Edison  Portland  Cement  Q>. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P,  O.  Address,  STEWARTSVILLE,  N.  J. 


hare  there  is  less  loss  by  radiation,  and  use  is  made  of  flower  products 
of  combustion  in  passing  up  and  out  at  the  top;  but  also  the  topmost 
part  of  the  layers  of  chalk  bricks  or  rock  immediately  absorb^  the  heat 
of  reaction  of  the  lower  parts,  and""gfeve  it  work  to  do"  —  which 
would  not  so  well  be  the  case  if  the  layers  were  not  so  thick. 

Similarly  then  with  our  greater  load  we  have  a  field  for  operation  for 
this  heat  of  reaction.  We  carry  a  larger  mass  of  material  which  may 
be  said  to  surround  that  part  which  is  reacting,  and  so  "soak  up"  as  it 
were  this  heat  of  reaction.  If  we  had  a  thinner  stream  or  lesser 
quantity  of  material  this  heat  of  reaction  would  of  course  be  evolved^ — 

would  not  all  be  so  thoroughly  communicated  to  the  material  folldwing 
urouAJo 

it,  but  -j»  more  likely  -Wr  escape  by  conduction  and  by  being  carried  off 
in  the  gases. 

The  larger  mass  favors  the  better  absorbtion  of  the  heat  of 
combination  than  does  the  smaller  mass. 

I  trust  you  will  understand  the  point  I  wish  to  make,  which, 
however,  we  can  discuss  at  our  next  meeting. 

We  have  now  two  kilns  in  operation  and  expect  the  third  in 
full  operation  in  about  a  week. 

Very  truly  yours. 


Edison  Kiln. 


July  19,1904. 


Mr.  Edward  Dinan, 

EdiBon  Portland  Cement  Company, 

Stewartsville,  H.J. 

Dear  Sir:- 

Your  favor  of  the  18th.  Inst,  has  been  received, 
calling  my  attention  to  the  fact  that  on  page  110  "The  Cement 
Industry",  dangers  are  described  in  kiln  stacks  of  the  plant  of 
the  Ita.  JErause  &  Sons  Cement  Company  at  Martins  Creek,  Pa.  As 
I  understand  the  arrangement  described,  the  combustion  gases 
paBS  3cilnB  through  an  underground  duct  to  the 

driers,  the  draft  in  this  case  being  maintained  by  a  centrifugal 
blower.  Apparently,  the  dampers  referred  to  are  located  in  the 
duct  between  the  kiln  and  the  drier.  The  articles  state  that 

"If  the  drier  is  not  in  use,  certain  dampers  may  be 
closed  and  others  opened,  causing  the  waste  gases  to  pass  out 
through  the  usual  kiln  stacks". 

This  is  not  very  clear,  but  |  do  not  think  it  necessar|ly  means 
that  a  damper  is  used  in  the  stack  itself.  At  any  rate,  I  be¬ 
lieve  that  Edison's  idea  comprehends  more  than  merely  introducing 
a  damper  in  the  stack.  He  tells  me  that  heretofore,  the  stacks 


No.  2  Edward  Dinan. 


have  been  made  of  a  capacity  to  accommodate  the  average  or  normal 
conditions,  and  that  the  draft  has  then  been  regulated  for  varying 
the  coal  feed  and  the  injected  air.  If  a  damper  were  used  in 
such  a  stack,  it  would  only  be  of  utility  if  the  draft  conditions 
Improved,  as  in  that  case  the  draft  would  have  to  be  ohoked  more 
or  less.  If,  however,  the  draft  conditions  become  worse,  no 
possible  regulation  of  the  damper  could  help  matters  and  raoourse 
would  have  to  be  had  to  the  air  and  coal  feed.  With  the  Edison 
kiln,  however,  I  understand  that  the  stack  is  of  much  great ar 
relative  capacity,  and  that  it  is  able  to  furnish  the  necessary 
draft  under  the  moat  unfavorable  conditions.  Hence ,  as  the  con¬ 
ditions  improve,  it  becomes  possible  to  effect  the  regulation 
entirely  by  this  damper  by  merely  choking  the  draft  to  a  greater 
or  less  extent. 

In  view  of  the  doubt  which  I  have  as  to  the  exact  looa- 
the 

tion  and  function  of  the  dampers  at  Martins  Creek  Plant,  I  wish 
you  would  look  into  the  matter  and  advise  me  on  two  points} 
first  Was  there  a  damper  in  eaoh  kiln  stack? 
seoond  -  if  so,  too  eaoh  stack  of : sufficient  capacity  to 
operate  under  the  most  unfavorable  conditions? 

Yours  very  truly, 

HD/ABE. 


UTe  Edison  Portland  Cement  ( q . 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

August  6,  1904. 


it.-  iui  Roaeters: 


Mr.  Frank  L,  Dyer, 

Ed. is  on  Laboratory, 

Orange,  N.  J. 

Dear  Sir:- 

Replying  to  your  favor  of  the  19th  ult.,  relative  to  dampers 
in  stacks  of  Martins  Oreek  eement  Co's  kilns,  I  may  hate  that  as  far  as 
I  am  able  to  learn  there  was  not  a  damper  in  each  of  the  kiln  stacks, 
nor  was  any  use  made  of  any  dampers  for  the  securing  of  more  efficient 
working  of  the  kiln. 

My  information  comes  from  an  Engineer  who  inspected  the  plant 
immediately  after  its  transfer  to  the  Alpha  Company.  He  stated  the 
whole  device  for  drying  stone  by  the  kiln  gasses  was  never  used,  and 
that  the  description  of  such  an  arrangement,  waB  a  description  of  what 
was  expected  to,  but  did  not  work. 

3o  far  X  am  unable  to  locate  a  certain  party  who  was  connected 
with  the  company  from  its  organization  until  the  fall  of  1902,  and  from 
whom  X  can  learn  exactly  what  the  arrangement  was. 

Erom  other  sources,  I  feel  sur^  ho wever,  that  no  use,  such  as 
that  to  which  we  put  ours,  was  made  of  dampers  in  the  stacks. 

Concerning  the  use  of  dampers  by  other  people,  I  may  state 
the  only  way  they  have  of  changing  the  force  of  the  draught  wiih  the  aamo 
coal,  chalk  and  air  feed,  is  by  means  of  a  door  in  the  brick  work  base  of 
the  Btacks.  By  opening  this  door  cool  air  is  drawn  in,  thereby  decreasing 


Mr.S.L.D. ....  .2, 


the  "pull"  of  the  stack,  as  youwill  readily  understand.  This  is  the  only 
kind  of  damper  I  know  of  as  having  been  in  use. 

I  will  oontinue  inquiry  into  thi3  matter  and  will  advise  you 

further. 


■B.P.D, 


Yours  very  truly, 


Edison  Kiln: 


Edward 'Dinan ,  Esq., 

q/o  Edison  Portland  Cement  Company, 

Stewartsvllle,  N.  J. 

Dear  Sir:- 

Have  the  recent  operations  of  the  Edison  kiln  under 
your  observation  thrown  any  additional  light  on  the  general  ques¬ 
tions  of  novelty  and  patentability?  Particularly,  have  you  as¬ 
certained  what  -the  chemical  reactions  are  throughout  the  length  of 
the  kiln?  You  said  when  we  last  talked  over  this  matter  that  at 
the  first  opportunity  you  would  make  an  analysis  of  the  product 
of  the  kiln  at  regular  intervals  throughout  its  length.  If  you 
have  done  this,  it  ought  to  throw  a  great  deal  it  light  on  what  has 
heretofore  been  largely  a  matter  of  speculation. 

In  order  that  I  may  be  definitely  advised  from  ac¬ 
tual  experience,  I  wish  you  would  answer  the  following  questions: 

What  is  the  speed  per  minute  of  material  passing 
through  the  Edison  kiln  compared  to  that  of  the  old  kiln? 

What  is  the  rate  of  rotation  of  the  Edison  kiln  and 
of  the  old  kiln? 

How  does  the  load  in  the  Edison  kiln  compare  with  that 
of  the  old  kiln? 


TRe  Edison  Portland  Cement  (g 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

Septenber  29,  1904. 


Mr  .  Prank  L .  Dyer, 

Edison  Laboratory, 

Orange,  H .  J. 


Dear  Sir:- 


&  && 


Replying  toyyour  favor  of  the  27th,  inst .  concerning  our 
Kilns  will  state  that  the  spaed  penjninute  is  a  very  variable  quanity. 
We  have  our  Kilns  Ho.  3  and  4  line3  v/ith  corrugated  brick  in  the  rear 
95  feat .  This  of  course  results  in  the  propulsion  of-  the  Chalk. etc.,  in 
these  kilns  at  a  more  rapid  rate  than  in  the  case  of  Kilns  Ho.  1  and  2 
which  are  smooth  lined.  Por  thus  reason  and  because  we  have  not  fully 
decided  upon  a  fixed  speed  of  Kiln,  the  speed  per  minute  of  the 
material  passing  through  the  Kiln  is  not  .  constants  neither  is  it  a  ■ 
constant  at  other  plants,  but  as  on  average  so  far  we  may  give  the  •,  .> 
following  'figures:'  « 


Edison  Kiln-Speed  per  minute - -3.75  f eet . 

•  SO  foot  Kiln-  "  •'  "  "  ——0.60  »  . 

The  rates  of  rotation  average  about  as  follows: 

.  Edison  Kiln-  1  Revolution  --  33  seconds. 

60  .Foot  Kiln-  1-  "  —100 

-  As  to  the  average  comparative  loads  in  the  Kilns  the  60  foot; 

Kiln  has  slightly  the  greater  load  per  foot. 

I  have  one  sot  of  samples  at  regular  distances  throughout 
the  entire  length  of  kiln,  but  regret  that  by  reason  of  our  closing 


Hu.  F.  L.  D. 

down  ive  huve  no  longBr  the  Laboratory  facilities  for  making  these';..:  . 
analysfis . 

It  may  be  well  to  call  your  attention  to  the  fact  that  the 
speed  per  minute,  rate  of. rotation,  and  load  per  foot  are  all.  variables 
and  are  adjusted  to  suit  conditions  prevailing.  For  the  60  foot  Kiln 
100  seconds  can  be-talcen  as  a  general  average,  while  Edisotib  at  present 

SI 

are  averaged  about  which  rate  however,  cannot  be  stated  as  our  constant . 

In  any' -ev^nt  all  Kilns  should  be  and  nearly  all  are  arranged 
so  that  their  a»wed  etc.  can  be  changed  at  will . 


Very  truly  yours. 


(X  &fi4nu 


kiflnS:  4 


TKe  Edison  Portland  Cement  (q. 

Telegraph  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

June 


Mr.  E.  L.  Dyer, 

Edison  Laboratory, 
©range ,  N .  J. 

Dear  Sir:- 


I  have  oarefully  noted  and  studied  over  your  letter  of  the 
relative  to  the  rotary  kilfc  and  after  full  consideration. have  the  following 
reply  to  make.  I  will  answer  in  the  order  of  your  paragraphs. 

pirst ;  I  am  reasonably  certain  that  in  the  Edison  kiln  substantially 
all  the  oarbonic  acid  is  driven  off  before  the  combustion  zone  is  reached, 

9nd  this  gives  us  more  perfect  combustion.  I  of  course  do  not  maintain  that, 
someoff^the.  coal  is  not  burned  as  far  in  the  kiln  where  some,  carbonic  acid 
is  coming  off.  I  do  maintain  that  we  have  a  very  much  longer  .zone  of  car- 

’..j 

bonic  acid  free  material,  over  which  material  combustion  can  be  more  readily 
maintained.  I  am  sure  enough  we  can  assert  this  distinction  and  make  it  a 
basis  for  our  patent.  Attached  you  will  find  one  of  the  curves  taken  from 
"Cement  &  Engineering. .News"  showing  the  changes  in  material  as  determined  • 
on  samples  from  a  kiln  at  the  Dexter  Plant.  On  this  same  sheet  X  have  drawn 
the  cufvd  representing  the  change  injnaterial  in  case  of  an  Alpha  kiln  in 
July  1899.  It  is  about  the  eame^so  you  see  we  are  reasonably  safB  in  stating 
/that  the  changes  in  the  60  foot  kiln  are  about  as  represented.  I  did  not 
determine  the  Q 02  or  loSS  on  Ignition  in  the  Alpha  case;  this  C02  or  Loss 
in  Ignition  decreases  as  the  amount  of  lime  increase®,  so  knowing  one  we 
can  estimate  the  other.  It  is  perfectly  plain  that  we  are  not  crowded  in 
our.  combustion  zone ,  and  that  by  reason  of  the  greater  volume  of  space 
:  free  from  COg  from  the  material  we  secure  a  much  better  economy  of  fuel,.;. 


E.L.D.  ,2. .June  17,  1905. 

However,  In  the  face  of  all  tils,  if  the  60  foot  kiln  he  run  on  a  lighter 
load,  or  driven  slower,  it  might  he  made  to  have  a  proportionately  large 
COg  frgig apace  for  coal  combustion.  Also  if  we  drive  our  150  foot  kiln 
too  hard,  i.e.,  by  crowding  in  t oo  much  material  or  running  too  raiidly 
we  could  also  decrease  the  economy  of  fuel  in  our  kiln.  But  in' practical 
everyday  working  we  have  a  longer  zone  where  the  material  under  reaction 
is  free' from  CO2, 

‘  Looking  at  our  150  foot  curve  you  notice  we  have  at  least  35  feet 

free  from  COg:-  and  our  kiln  is  150  feet  long,  looking  at  the  60  feot 
kiln  you  see  we  have  5  to  say  8  f-et  free  from  COg. 

Brora  these  figures  many  interesting  ratios  can  he  noted.  Bor 
instance  35  to  8  is  the  ratio  of  the  output  per  hour  of  the  two  kilns  and 
'yet- tie  length  are  as  2-l/2.to  1.  Bettee  than  this  the  output  of  the 
Edison  kiln  is  even  more  than  35  hhls.  per  hour  and  although  foreign  to 
this  letter  1  may  say  I  believe  considerably  more. 

Second:  I  cannot  say  that  in  the  old  60  foot  kiln  the  clinker  is 
imperfect.  On  the  other  hand  I  know,  it  is  veiy  often  as  far  as  I  am  able 
to  judge  as  perfect  as  ours.  But  I  believe  it  may  he,  or  was,  more  often  the. 
case  to  find  soft  centered  clinker  frcm  60  foot  kilns  than  from  our  150 
r  foot  kilns.  I  did  not  make  any  experiment  for  Hr.  Edison  of  removing  the 
soft  centers  and  examining  them.  I  have  examined  such  clinker  however, 

(and  know  that  the  soft  centers  are  very  poof^cement.  I  have  taken  soft 
"clinker"  like  the  soft  centers  in  hard  shell  clinker  and  found  it  to  get 
mushy  and  soft  on  boiling  In  water  after  it  ha3  been  set.  for  a  little  time. 
Thos  .showed  It  to  be  poor. 

This  matter  depends  entirely  on  how  thoroughly  it  be  burned  and 
it  can  probably/aoooraplished  in  a '60  foot  kiln  as  well  as  in  a  150  foot 
providing  you  go  slow  enough  with  the  60  foot ,  ±e . ,  this  could  be  done  . 

as}(an:  experiment. 


Kr  ,r.L.D.'.3.  ..Tune  17,  1905. 

Third;'  I  cannot  at  present  cite  any  instance  in  the  cement  art 
where  the  desirability  of  a  slow  reaction  has  been  pointed  out.  I  think ksu/W&r 
it  is  obvious  that  a  slower  reaction  is  the  more  desirable.  In  chemistry 
in  general,  I  may  make  the  statement,  "slow  reactions  for  stability  of 
resulting  product".  In  the  steel  industry,  we  have  the  slow  and  gradually 
made  Open  Hearth  steel  generally  believed  superior  to  Bessemer;  the  Open 
Hearth  consuming  about  two  hours  an^  the  Bessemer  about  12  to  15  minutes, 
during  time  of  reaction.  I  will^hunt  up  a  parallel  to  this  in  the  cement 
Industry  or  the  Qeranjic  Industry  andif  I  find  ..any  will  let  you  know 
immediately.  As  an  illustration  of  the  .desirability  of  a  slow  reaction, 

I  may  give  the  oase  of  slow  setting  cement  as  compared  with  quick  setting 
one.  It  is  well  known  that  the  quick  setting  cement  will  not  give  the 
strong  permanent  testing  morter  the  slow  setting  one  will.  This  is  an 
illustration  right  in  our  own  field  to  show  the  desirability  of  slow 
reaction. 

I  do  not  lay  the  superiority  of  our  cement  to  the  manner  of 
making  the  clinker  as  much  I  do  to  the  fact  thatit  .is  first  a  more  nearly  j; 

neutral  cement  than  most  others,  ie.,  carries  no  excess  of  lime;  it  is  a  j 

crushed  cement ;  and  by  reason  of  the  fineness  to  which  it  is  ground  and  the 

manner  of  grinding  we  really  produce  more  cement  per  pound  of  our  article,  1 
and  therefore  there  is  more  rea.1  cement  in  a  given  weight  of  Edison  brand 
than  in  the  aai  e  weight  of  the  other's.  The  tests  were  made  by  different 
operators  working  under  my  instructions.  V/e  have  several  reports  from 
outside  labbratories  that  are  superior  even  to  those.  Do  not  however  make  s 
any  claim  that  the  superiority  shown  is  due  to  thd  kind  of  clinker  -  even 
in  part;  I  could  not  give  positive. evidence  on  this  point,  although  my 
opinion  is  that  some  of  the  qualities  of  our  cement  are  from  the  manner  of  ' 
the  clinker  formation.  .  ■  i 


F.I.D.  1%.  ,‘iune  17,  1905. 


Fourth:  I  have  not  determined  the  temperatureof  our  stack 
gases,  hut  expect  to  do  so  as  well  as  considerable  other  work  on  the  kilns, 
all  of  which  information  we  can  then  furnish  you.  Some  few  years  ago  I 
took  stack  temperatures' on  60  foot  kilns  and  found  as  follows:  1480-1380- 
1050t129071050-1400-1620 5  average  -  1330.  All  Fahrenheit .  Newberry  gives 
1500°F  as  the  approximate  temperature  of  the  inside  of  the  kilns  where  - 
it  enters  the  base.' of  the  stack.  Richards ,  "Jr.  American  Chemistry  Society" 
January  1904  finds  a  stock  temperature  of  1508°F.  In  general  we  may  give 
1300°  to  1500°  as  the  steak  temperature  of  a  60  foot  kiln.  The  stack  tem¬ 
perature  of  Edison  kiln ’under  normal  working,  I  know  to  be  considerably 
less  -  merely  from  observation.  I  understand  of  course  this  statement 
not,  of  course,  stand  and  we  must  back  it  up  by  actual  observations;  but 
I  know  the  red  appearance  of  the  inside  of  the  base  of  the  stafcks  for  the 
60  foot  kilns  shows  it  to  be  much  hotter  than  the  dark  stank  base  we  have. 
I'll  attend  to  this  matter  of  stack  temperature  very  shortly  and  promptly 
advise  you. 

Concerning  other  points  may  be  relied  upon  for  patentability, 

I  cannot  think  of  any  at  this  writing  that  I  believe  you  have  not  covered. 

As  to  .the  rate  of  travel  of  material  through  kilns.  .  I.  was  not 
with  the  Edison  Company  prior  to  July  1903.  I  learn  however  that  the  speed 
of  rotations,  of  the  kiln  v/as  in  December  1902  about  55  seconds.  It  would  be 
proper  to  say  the  material  is  fed  through  the  kiln  at  any  desired  rate 
comwpn  in  the  art.  ■  'Where  our  kilns  were  normally,  about  55  seconds,  the 
60  foot  were  from  70  seconds  up  to  100  or  120  seconds,  to  suit  the  material 
■burned  and  the  ideas  of  the  manufacturers.  .Edison  can  hardly  say  be 
increased  his  inside  diameter  more  than  any  others  for  he  has  not;  in  fact 
I  am  «9lmost  certain  Bopie  of  the  60  foot  kilns  have  a  diameter  greater  than 


I’.L.D. 


.June  17,  1905.  . 


ours ,  and  have  had  for  some  time.  His  s lie  11s  may  'be  larger,  hut  the 
Inside  dl  smeter  of  his  kiln  is  not  from  six  inches  to  a  foot  greater  than 
any  other  kUn. 

At  the  jre sent  time  we  are  turning  out  about  4  and  again  5 
times  the  amount  of  the  ordinary  kiln*'  hut  where  the  ordinary  kiln  makes  a 
revolution  in  from  75  to  100  seconds,  the>.Edison  kiln  now  makes  a  revolution 
in  30-35  seconds.  So  at  this  speed  we  can  produce  clinker  where  it  would 
he  impossible  to  do  so  with  a  60  .foot  kiln. 

The  question  of  the  load  in  the  kiln  is  .such  a  variable  one,  I 
do  not  think  it  would  be  safe  for  us  to  say  we  have  a  oertain  load  eanpared 
to  a  certain  load  in  the  60  foot  kiln.  We  can  say  this,  that  we  have  a 
much  greater  load.  This  is  obvious.  At  present  vie  make  about  30  bbls 

not 

clinker  per  hour  and  are^ urging  the  kiln;  we  do  this  at  32  seconds  per 

revolution.  How  a  60  foot  mates  8  bbls.  clinker  per  hour  and 'has  a.  revo- - - 

lution  in  say  75  seconds. 

Hot  having  been  here  in  1902  I  cannot,  advise  you  clearly  on  the 
point  you  wish,  but  the  output  of  the  kilns  was  not  so  much  as  it  now  is 
nor  was  it  as  good. 

Should  any  new  ideas  occur  tome  on  this  subject.  I  will 
inmediately  write  you.  Also  let  me  knovmof  any  more  questions  I  may  be  able 
to  answer.  a  '• .  • 

When  you  have  this  dressed  up  into  shape,,  or  about  to. do  so,  I 
would  like  to,  see  it  before  you  finally  close  on  it  as  something  might 
ooour  to  me  we  might  add  or  we  may  elaborate  more  clearly.  Therefore  .if 
you  will  advise  me  a  few  days  ahead  I  will  be  pleased  to-  go  over  this 
.  matter  in  person  with  you, 

I  son  sending  you  under  ' separate 
Edison  curve  and  the  60  foot  curve. 


cover  two  oopies  each  of  the 


I’.I.iD.  a  6.  .June  17,  1905» 


'  One  thing  is  certain  vie  have  3  definite  zones  -in  our  kiln  in 
destination  to  the  case  of  the  60  foot  kiln  where  in  Newberry’s  article 


he  says  the  change  is  a  gradaul  one  and  we  have,  unexpectedly  perhaps, 
accomplished  what  has  been' attempted  before  preliminary  calcination  {driving 
off  carbonic  acid)  and' then  ciinkering.  See  "Cement  Industry"  1900 
Page  194.  11  The  absence  of  carbonic  acid  gas  in  the  material  facilitates 
wonderfully  the  operation  of  the  rotary  kiln"  etc. 

Hoping  this  may  be  gotten,  into  shape  soon,  and  that  you  under¬ 
stand  my  reasoning,  which  I  could  perhaps  explain  better  verbally,  I  am, 


[ENCLOSURE] 


From  Cememt  andEngweeriwg  A/ews;  /r6e  69,  Vol.'KH.NoF- 


Nov. 


18,1905. 


Walter  S.  Mallory,  EBq. , 

Edison  Portland  Cement  Company, 

Stewartsville ,  N.J. 

Dear  Mr.  Mallory:- 

I  have  carefully  looked  into  the  question 
°f  tcemen^im  of  the  Or0"MlllinS  Syndicate  to  Mr.  Edison’s 
f oreighmpwtents ,  and  find  the  situation  to  he  as  follows:- 

The  original  agreement  with  the  Syndicate  does  not  con¬ 
template,  in  terms  at  least,  anything  except  the  specific  ore- 
milling  patents  referred  to  therein  and  improvements  thereon. 

In  1900,  two  patents  ware  taken  out, one  relating  indirectly  and 
the  other,  directly  to  cement.  The  first  of  theBe  patents  was 
taken  out  by  Mr.  Edison,  and  'ti'ke'^^^gned  to  the  Syndicate,  and 
the  second  patent  was  taken  out  by  the  Syndicate  directly.  In 
July  1900,  Mr.  Edison  wrote  the  Syndicate  that  cement  patents 
were  not  included  "under  the  terms  of  the  original  contract",  and 
he  requested  Mr.  Dick  to  bo  advise  the  Syndicate.  On  August  2, 
1900,  the  Syndicate  wrote  Mr.  Edison  on  the  point  and  said:- 

"You  will  remember  that  in  all  your  previous 
correspondence  and  especially  in  your  speech  to  the 
shareholders  in  December  last,  you  admit  that  the 
cement  rights  are  ’controlled  by  the  Syndicate. ft 
In  your  speech,  after  dealing  with  the  cement 
_ works  and  the  plant  that  was  being  erected,  and  _  >; 


W.S.M. 


the  improvements  that  were  being  made  in  the  same, 
you  go  on  to  urge  the  shareholders  not  to  part 
•with  any  rights  for  any  purpose  whatsoever  until 
these  two  (cement)  millB  have  demonstrated  commer¬ 


cially  the  valuable  rights  controlled  by  the  Syndi¬ 
cate  1 .  You  also  go  on  to  say  that  the  'experiments 
are  being  paid  for  from  this  side,  the  Syndicate 
realizing  without  expense.' 

All  these  circumstances  prove,  without 
falling  back  on  the  terms  of  the  Contract,  that 
you  regard  the  Syndicate  as  controlling  all  the 
cement  rights,  which  naturally  include  the  improva- 


This  latter  was  not  answered,  and  Mr.  Edison’s  Bilence  in  that 
respect  could  certainly  be  taken  as  acquiescence,  especially  as 
no  steps  were  taken  by  him  to  promptly  correct  the  error  which 
he  Btates  occured  in  my  brother's  office.  Apparently,  nothing 
was  done  by  him  until  June  1902,  when  our  attention  was  called 
to  the  mistake,  and  we  were  requested  to  write  the  Syndicate  and 
demand  a  re-assignment  of  the  patents.  On  June  25th,  1902,  the 
Syndicate  wrote  us  as  follows:- 


"This  matter  has  been  duly  considered  by  the 
Board  of  Directors,  and  we  desire  to  point  out  that 
this  subject  was  discussed  as  far  back  as  July  1900, 
whan  Mr.  Edison  raised  the  question  whether  one 
particular  patent  should  have  been  communicated  to 
us. 

Mr.  Lawrence,  the  Chairman  of  this  Syndicate, 
immediately  wrote  a  long  letter  to  Mr.  Edison  (copy 
enclosed)  pointing  out  that  it  had  always  been 
completely  understood  from  Mr.  Edison's  letters 
and  speeches  that  this  Syndicate  was  to  have  the 
benefit  of  cement  patents  and  in  1900,  Mr.  Dick 
with  Mr.  EdiBon's  conourrenoe  and  sanction,  on  be¬ 
half  of  this  Syndicate,  entered  into  hegotiations 
in  England  for  the  sale  of  these  patents  to  an  im¬ 
portant  cement  combine. 

There  are  additional  circumstanoes  besides 
those  mentioned  in  Mr.  Lawrence's  letter  whioh  un¬ 
doubtedly  indicate  Mr.  Edison's  intention  to  hand 
over  cement  patents  to  this  Syndicate,  in  which  he 
himself  is  so  largely  interested." 


W.S.M. 


We  sent  you  a  copy  of  this  letter  from  the  Syndicate  ,  and  on 
July  10th,  1902,  you  wrote  us  on  Mr.  Edison* b  behalf  that  - 


"There  1b  no  question  but  what  the  Syndicate  are 
entitled  to  the  Cement  rights  on  all  machinery 
which  cornea  in  under  the  contract,  but  the  machinery 
and  devices  designed  specially  for  Cement  work 
and  invented  after  the  contract  was  made,  doea 
not  go  to  them  without  further  consideration :ijjnSmri" 


Apparently,  we  again  wrote  the  Syndicate  on  the  lines  of  your 
letter,  because  on  September  22,  1902,  we  advised  Mr.  Edison 
that  the  Syndicate  had  written  us  to  the  effect  that  - 


"It  has  been  arranged  that  the  consideration  of 
the  matter  shoiild  be  postponed  until  Mr.  Dick 
is  next  in  England,  whan  a  settlement  satisfactory 
to  all  parties  can  no  doubt  be  arranged". 


On  October  24th,  1902,  the  Syndicate  wrote  a  letter  to  Mr.  Edison 
in  which  they  said:- 


"Mr.  Diok  fully  explained  your  views  with 
regard  to  the  cement  patents  which  have  been  commun¬ 
icated  to  us  by  Messrs,  Dyer,  Edmonds  &  Dyer  and 
the  feeling  was  at  once  expressed  by  all  the  Direc¬ 
tors  that  there  was  no  wish  whatsoever  on  our  part 
to  ask  you  to  give  us  any  patent  rights  to  which 
we  are  not  entitled,  and  which  might  be  considered 
not  to  be  covered  by  t,he  scope  of  the  original 
agreement  with  the  Syndicate.  . 

We  do  not  wish  in  any  way  to  take  advantage 
of  the  fact  that  these  cement  patents  have  been 
communicated  to  us  and  that  we  have  filed  patent 
applications  on  them  here  and  abroad. 

In  order  to  recognise  the  principle  of  the 
ownership  of  the  patents  the  Directors  have  re¬ 
solved  to  offer  y ou  a  percentage  of  profits  in  re¬ 
spect  of  any  patent  improvements  invented  by,  you 
being  used  hereafter,  such  improvements  not  being 


W.S.M.  -  4, 


covered  by  the  original  contract,  and  Mr.  hick 
has  been  asked  to  consult  with  you  on  the  matter 
upon  his  return  to  the  United  States. 

We  trust  that  you  may  consider  this  sugges¬ 
tion  a  fair  one  and  that  it  may  meet  your  wishes, 
but  the  Directors  are  anxious  that  it  Bhould  not 
be  felt  for  one  moment  that  there  1b  any  deBire 
on  their  part  to  ask  for  more  patent  rightB  than 
they  are  entitled  to,  or  which  you  may  feel  will¬ 
ing  to  place  at  their  disposal  in  the  interests  of 
all  concerned." 


The  last  letter  on  the  point  I  find  1b  one  from  Mr.  hick,  dated 
October  28th,  1902,  in  which  he  says:- 


"You  vrf.ll  have  received  a  letter  from  the 
Syndicate  regarding  the  patent  matter.  There  is 
on  the  records  of  the  company  a  resolution  admitting 
compensation  to  you  for  all  patents  outside  the 
original  patents  and  practically  leaving  the  matter 
to  you  and  myself. ■ 


The  situation  then  1b  this;  the  Syndicate  owns 
several  patents  which  are  admittedly  limited  to  cement,  but  as 
they  say  in  their  latter  of  October  24th,  1902,  their  control 
of  these  patents  depends  upon  the  making  of  a  new  agreement  with 
Mr.  Edison.  The  cement  patents  thus  directly  owned  by  the  Syndi¬ 
cate  are  not  important.  On  the  other  hand ,  Mr.  Edison  has  ob¬ 
tained  patents,  or  has  applications  pending,  in  Great  Britain, 
Prance,  Belgium,  Spain,  Germany,  Sweden  and  Norway,  covering  the 
long  kiln,  and  corresponding  substantially  with  the  patent  just 
granted  in  this  country.  These  patents  are  of  course,  of  vital 
importance,  and  as  they  stand  in  Mr.  Edison's  name.  Under  the 
circumstances,  Mr.  Edison  is  therefore  in  a  strone  position  to 
insist  upon  an  equitable  re-adjustment  respecting  his  cement 


W.S.M.  -  5. 


patents.  At  the  same  time,  of  course  he  cannot  be  entirely  in¬ 
dependent  of  the  Syndicate,  beoause  as  you  know  they  control  the 
patents  on  the  Giant  Rolls  and  on  the  Three-high  Rolls,  and  1 
presume  that  if  any  oement  plant  is  erected  abroad,  thaBe  patents 
would  have  to  be  used.  It  seems  to  me,  therefore,  that  in  nego¬ 
tiating  for  foreign  rights,  on  oement,  the  Syndicate  will  have  to 
be  taken  into  consideration,  but  undoubtedly  an  arrangement  can 
be  made  in  which  Mr.  Edison's  rights  will  be  fully  protected. 

Yours  very  truly, 


IXD/AHK. 


Walter  S.  Mallory,  Esq., 

c/o  Edison  Portland  Cement  Company, 

Stewart sville,  N.J. 

Pear  Sir:- 

In  accordance  with  your  request  1  have  looked  more 
carefully  into  the  Hurry  &  Seaman  patent  No.  645,031,  dated 
March  6th,  1900,  owned  by  the  AtlaB  Company,  with  t|e  view 
of  expressing  an  opinion  as  to  the  probable  chance  of  success¬ 
fully  defending  a  suit  based  thereon  against  the  Edison  Port¬ 
land  Cement  Company.  In  connection  with  thlB  consideration 
of  the  patent,  I  have  read  all  of  the  arguments  presented  by 
counsel  for  bfeth  sideB  before  Judge  Archbold  in  the  suit 
against  the  Martin's  grade  Company,  and  1  have  also  considered 
the  prior  art  so  far  as  I  have  been  able  to  unearth  it  by  a 
rather  superficial  examination.  Without  going  elaborately 
into  detail,  I  have  reached  the  following  oonolusions.- 

Pirst:  In  view  of  the  fact  that  prior  to  the  Hurry 
ic  seaman  invention,  the  possibility  of  burning  pulverized  coal 
in  various  arts,  including  the  art  of  cement  manufacture  had 


No.  2  -  W.8.U. 


been  suggested,  no  invention  in  a  broad  sense  would  be  re¬ 
quired  to  substitute  a  coal  burner  for  the  oil  burners  that 
were  commercially  uBed  at  the  date  of  the  patent.  If,  there¬ 
fore,  the  patent  is  valid  at  all,  it  must  be  limited  to  sub¬ 
stantially  the  apparatus  disclosed  therein,  and  when  so  con¬ 
sidered,  it  is  not  infringed  by  the  construction  employed  by 
the  Edison  Portland  Cement  Company. 

Second:  The  Hurry  &  Seaman  patent  points  out  with 
great  elaboration,  the  practical  difficulties  which  were  be¬ 
lieved  to  exist  in  connection  with  the  burning  of  pulverized 
coal.  They  evidently  considered  it  necessary  to  muko  use  of 
a  special  burner  having  certain  peculiarities.  The  burner 
usejt  by  the  Edison  Portland  Cement  Company  is  radically  diff¬ 
erent  from  that  described  in  the  patent,  and  does  not  embody 
a  single  one  of  the  special  features  that  the  patentees  con¬ 
sidered  indispensable .  Your  burner  may  possibly  be  the  re¬ 
sult  of  independent  invention,  for  which  at  |east  no  sugges¬ 
tion  or  help  would  have  been  received  from  the  patent.  Por 
this  additional  reason  I  do  not  believe  the  patent  is  infring¬ 
ed. 

Third:  The  patent  lays  a  special  emphasis  on  the  fact 
that  the  fuel  should  bo  so  directed  into  the  kiln  as  to  be 
located  axially  therein,  so  as  to  heat  by  radiation  and  not 
by  impingement.  As  I  understand  it,  with  your  kiln  there  is 
a  very  substantial  impingement  of  the  flame  on  the  cement  ma¬ 
terial,  and  therefore  I  consider  this  an  additional  reason  why 


No.  3  -  V/.S.M. 


the  patent  io  not  Infringed. 

Fourth:  The  burner  used  by  the  Edison  Portland  Cement 
Company  appears  to  bo  identical  with  the  oil  burners  previous¬ 
ly  employed,'  at  least,  I  understand  it  is  capable  of  being 
used  convertibly,  eithor  for  the  burning  of  oil  or  coal. 

This  fact  would  indicate  that  the  problem  burning  coal 
was  no  different  from  that  of  burning  oil,  or  olBe,  that  aB 
above  stated,  your  burner  may  be  looked  upon  as  an  independent 
invention.  In  either  case,  an  additional  argument  is  present¬ 
ed  in  support  of  the  position  that  your  burner  is  not  an  in¬ 
fringement  . 

Fifth:  Before  the  Hurry  &  Seaman  patent  issued,  many 
cement  plants  had  been  equipped  with  coal  burning  apparatus, 
which  if  the  Edison  plant  is  an  infringement,  would  also  in¬ 
fringe.  Prior  to  that  time  (March  6th,  1900)  the  Edison  Com¬ 
pany  had  constructed  its  model  at  Orange,  and  all  arrangements 
were  made  to  proceed  with  actual  installation.  To  give  to  the 
patent  a  construction  which  would  include  the  Edison  plant 
would  destroy  the  value  'bf  manj^millions  of  dollars  of  proper¬ 
ty  invested  in  good  faith  before  the  patent  issued.  This  pre¬ 
sents  a  strong  case  of  equity  against  the  patent,  which  the 
court  would  have  to  consider  in  resolving  any  substantial 
doubts  of  infringement  in  favor  of  the  defendant. 

Sixth:  The  prosecution  in  the  Patent  Office  was  \m- 
favorable .  The  application  for  patent  was  pending  more  than 


four  years  and  many  references  were  cited  and  substantially 
acknowledged  by  the  patentees  as  anticipating  important  fea¬ 
tures  of  their  invention.  A  strong  argument  based  on  the  his¬ 
tory  of  Iho  application  $n  the  Patent  Office  could  bo  made. 

Seventh:  A  series  quest!  on  is  presented  whether  before 
the  Hurry  &  Seaman  invention  was  made,  the  invention  had  not 
boen  independently  made  by  Mr,  Matcham  of  the  Alpha  Company. 

Of  course,  now  that  the  Alpha  Company  is  favorable  to  the 
patent,  difficulty  would,  no  doubt,  be  experienced  in  the  pro¬ 
duction  of  proof  on  this  point.  .  I  do  not  believe,  however, 
that  the  Atlas  Company  could  afford  to  absolutely  obstruct 
any  efforts  to  prove  priority  of  invention  on  the  part  of  the 
Alpha  Company, 

Por  these  reason  and  for  others  which,  no  doubt,  would  arise 
in  case. Ja  suit  was  actually  brought,  I  am  of  the  opinion  that 
a  successful  defence  could  be  made  against  the  Hurry  &  Seaman 
patent. 


P1D/ARK, 


Yours  very  truly, 


BOX  No": 


Eeb.  6,  1907 


Walter  S.  Mallory,  Esq., 

Edison  Portland  Cemont  Company, 

Stewartsville,  N.  J. 


Dear  Mr.  Mallory:  — 


When  you  were  last  here  we  diBouBBed  with 
Mr.  Edison  the  advisability  of  bringing  suit  against  the  Atlas 
Company,  and  I  thought  it  was.  agreed  that  it  should  be  dope.  I 
therefore,  prepared  a  bill  of  complaint, ' but  upon  submitting 
it  to  Mr.  Edison  yesterday  he  thought  it  would  be  unv/iBe  to 
bring  suit  against  the  Atlas  people,  because  they  would  un¬ 
doubtedly  retaliate  by  nuing  ub  on  the  Hurry  and  Seaman  patent. 
This  point  was  considered  by  us  and  we  thought  that  such  a 
counter-suit  would  not  be  serious. 

Undoubtedly,  if  we  ever  expect  to  do  any-’ 
thing  with  our  main  patent  we  must  take  some  steps  to  enforce 
it,  because  if  we  acquiosoe  too  long  in  the  various  infringe¬ 
ments  we  oould  never  get  a  court  to  grant  an  injunction.  I 
therefore  suggested  to  Mr.  Edison  that  we  should  bring  suit 
against  some  concern  outside  , of  the  combination,  and  he  thought 
that  would  be  all  right.  Can  you  name  any  independent  com- 


WHM-- 2— Feb .  6 ,  1907 


pany  that  uses  the  long  kilns,  against  whom 
brought?  Of  course  the  weaker  the  concern  i 
you  know  of  such  a  concern,  let  me  know  and 
a  new  bill. 


FDD/to 


Very  truly  your 


suit  might  bo 
s,  the  te  tter.  If 
I  will  prepare 


TKe  Edison  Portland  Cement  (g. 

Telegraph,  Freight  and  Passenger  Station,  NEW  VILLAGE,  N.  J. 

P.  O.  Address,  STEWARTSVILLE,  N.  J. 

Eeb.  7,  1907. 

Mr.  prank  L.  Iftrer, 

Edison  Laboratory, 

Orange,  N.  J. 

Dear  Sirs 


Replying  to  yours.  6th  relative  to  advisability  of 

. . . 

bringing  suit  on  the  o-aal  patents,  beg  to  Btate  if  it  had  not 
been  for  ray  sickness  I  should  have  seen  you  before  this  relative 


to  the  matter. 


I  have  had  two  interviews  with  representatives  of  the 
Hofcth  American  Portland  Cement  Col ,  one  of  whioh  was  Mr,  Duncan, 
Attorney  for  the  Atlas  Company,  relative  to  these  patents, 
particulars  of  which  I  will  give  you  the  first  time  I  come  to 
Orange,  which  probably  will  be  on  Saturday.  In  the  meantime, 
do  not  take  any  action  in  suit  until  I  have  discussed  the 
matter  further  with  you. 

Yours  very  truly, 


"Vv2rv\^, 


WSM-BBS 


i»Q'Cdt4<»u 

TRe  Edison  Portland  Cement  Co. 


'  Telegraph,  Freight  and  Paatenger  Station,  NEW  VILLAGE,  N.  J. 

p.  o.  address.  STEWARTSVILLE,  N.  J. 


BALES  OFFICES : 

YORK,*NA/Vm"  SLJamil  DulldfnE 

MH»H,  Natlorm|CBankUBuIldlt 

December  19,  1^08. 


^  ,  UBCtMDBr  j.v,  iauo 

Dear  Mr.  Edison:  - -  '  . 

I  am  attaching  herewith  a> letter  in 
accordance  with  the  resolution  offered  by  the  Board  of 
Directors.  1  think  before  you  pass  on  this  matter,  it  would 
be  well  to  take  it  up  with  Mr.  Dyer,  and  if  necessary,  Mr. 
McCarter,  so  to  be  sure  that  you  are  thoroughly  protected, 
as  under  the  ciroumstances,  considering  all  that  you  have 
done  for  the  Company,  I  do  not  think  it  would  be  fair  for 
the  other  Directors  to  ask  you  to  put  yourBelf  in  a  position 
where  there  might  be  any  question  arising  as  to  what  the 
Company  owes  you  on  notes  and  open  account-. 

Yours  very  truly, 

-A 


•RE^EiVEDh 

DEC  22 1908  : 

FRANK  L,  DYER, 


£09 


MEMORANDUM 


Mr.  Edison:  u,Xt  *£_ 

^J,  - ,~tdi. 

Regarding^ the  attached  : 
told  you,  Messrs.  McCdr^ef''  icTnglfs] 
notes  are  given  they  will  stand  on 
now  held  hy  the  hanks, 
that  the  new  notes  he 


from  Mr.  Mallory', 
that  if  the  nt 
same  footing  as  the  notes 
et  Mt.  Mallory's  point,  X  suggest 
for  three  yearB,  with  the  option  to  the 


company  to  take  them  up  in  whole  or  in  part  at  the  end  of  the 
first,  second  or  third  year  from  their  date. 

Mr.  Thomas  M.  Thompson  raises  the  point  that  if  anything 
should  happen  to  you  the  company  might,  not  Jave^suffic lent  time  to 
take  care  of  the  notes  which  you  now  hol£T  Whether  you  wish  to  do 
anything  in  this  direction  is,  of  courses,  for  you  to  say. 


sxd/iw 


F.  L.  D. 


■Edison  Portland  Cement  Co., 

Stewartsville,  II.  J. 
My  dear  Mr.  Mallory: 


Your  favor  of  Decenfoer  19th  to  Mr.  Edison 
has  been  referred  to  me  relating  to  the  resolution  of  the  Direc¬ 
tors  of  the  Portland  Cement  X3o.  on  the  subject  of  making  improve¬ 
ments  to  cost  approximately  $112,000.00,  the  money  to  be  advanced> 
by  Mr.  Edison  and  secured  by  the  company's  notes, "to  run  for  one 
year,  with  the  privilege  to  the  company  to  renew  same  in  whole  or 
in  part  twice  thereafter  for  a  similar  period". 

Mr.  Edison  seemed  to  have  some  doubt  whether,  if  this  were 
done  and  anything  should  happen  to  the  company,  the  new  noteB 
would  have  the  same  standing  as  the  conqoany's  .notes  now  held  as 
collateral  by  the  banks.  X  have  submitted  this  latter  question 
to'Messrs.  McCarter  &  English,  who  confirm  my  own  opinion,  that 
all  the  notes  would  stand  on  the  same  footing.  To  make  the  new - 
notes  for  one  year,  with  the  privilege  of  renewing  them  in  whole 
or  in  part  for  two. further  periods  of  a  year  each  could  be  fully 
covered  by  contract .with  Mr.  Edison,  but  in  case  of  his  death 
the  arrangement  would  not  have  to  be  carried  out  by  his  estate.-  ' 
TOiat  objection  would  there  be  to  having  the  noteB  run  for  thre.e 
.  .years,  giving  the  company  the  option  to  take  thorn  up  in  whole  or 
JAN;.8;tn09 


(a) 


in  part  at  the  end  of  the  first,  .second  or  third  yea?  after  their 
date?  This  it  seems  to  me  would  fully  so, cure  the  end  you  have 
in  mind . 

Regarding  the  suggestion  made  hy  the  Directors.,  that  the  same 
arrangement  should  he  adopted  in  reference  to  the  p they  notes  ttOw 
held  hy  Mr.  Edison,  that  is  a  matter  for  adjustment  hy  dim.  hut 
if  you  wish  me  to  I  will  take  up  the  specific  question  with  him 
and  ascertain  his  viewB. 

Yours  very  truly, 


itd/iww 


General  Counsel. 


^^fwmo&CX  £dw<m» 

TKe  Edison  Portland  Cement  Co. 


Tclagraph.  Fr.ijht  and  Pai.tnger  Station,  NEW  VILLAGE.  N.J. 

p.  o.  address.  STEWARTSVILLE,  N.  J. 


pa.',’  &«i»TJ!y®aultd"n* 

",  Poit  Offlea  8qu.ro  side 
National  Bank  Bulldlns 


Mr.  Harry  F.  Hiller,  Treas., 

Edison  Laboratory, 

Orange,  N.J. 

D  ear  Sir:-  \s ^ 

1  beg  to  herewith  Jfcind  you  a  letter  from  Mr.  Ityer 
dated  January  25th  in  which  he  states  that  Mr.  Edison  is  willing 
to  accept  notes  of  our  Company  for  the  advances  already  made  as 
well  as  the  balance  of  the  $112,000  to  be  advanced  to  cover  im¬ 
provements  and  also  the  notes  which  he  now  holds,  and-I  beg  here¬ 
with  to  hand  you  a  lead  pencil  memorandum  giving!, the  dates  and 
amounts  of  notes  held  by  Mr.  Edison  which  are  not  discounted  at 
your  banks.  These  notes  I  have  left  out.  Will  you  check  over 
the  list  and  advise  me  if  it  agreeB  with  your  own  and  if  so,  re¬ 
turn  it  to  me,  and  if  agreeable  to  Mr.  Edison,  I  will  arrange  to 
have  all  interest  figured  Ito  February  1st,  1909  and  then  have 
new  notes  drawn  for  three  years,  bearing  interest  at  &%,  interest 
payable  annually. 

Also  ask  please  ask  Mr.  Edison  or  Mr.  Dye*  whether 
we  had  better  have  on  the  face  of  the  notes  the  statement  as  to 
the  right  of  the  Company  to  pay /  off.  the  notes,  or  a  separate  , 
agreement.  It  is  my  thought  that  it  would  be  better  to  have  a  ' 
separate  agreement  entered  into  by  the  Company  and  Mr.  Edison 
by. which  .the. Company  agrees  that  if  it  is  in  the  position  to 


H.E.M? 


pay  off  the  notes  in  whole  or  part  any  time  within  the  period  of 
three  years,  and  is  requested  to  do  so  by  Ur.  E  dison,  that 
they  agree  that  they  will  do  it.  If  we  should  have  Bay  two  or 
three  good  years  in  which  the  Company  would  make  a  lot  of  money, 
in  view  of  the  way  in  which  Mr,  Edison  has  backed  us  up  it  would 
only  be  fair,  i.if.  he  wished  it,  that  he  should  have  a  part  of  the 
earnings  and  not  be  compelled  to  wait  until  the  expiration  of 
the  three  years,  and  I  think  the  should  be  quite  as 

much  on  his  part  as  on  the  part  of  the  Company. 

1  would  suggest,  therefore,  that  you  take  the 
matter  up  with  Mr.  Edison  immediately  and  learn  hiB  wishes  and 
then  ask  Mr.  Dyer  to  put  it  in  the  form  of  an  agreement,  if  it 
is  better  in  that  way,  and  then  I  will  arrange  to  get  out  the 
notes  and  have  them  all  fixed  up  before  Mr.  Edison  leaves  for 
the  South. 


Yours  very  truly, 

‘Vfirywi 


sues, 


— v 

NKW  YORK,  N.  Y . . Jan, . 6, . 19.1.0.. . 


Prank  X.  Dyer,  Esq., 

Pres.  National  Phonograph  Co., 
Orange,  N.  J. 


My  dear  Hr.  Dyc.r:- 


X  have  your  favor  of  January  5  and  am  pleased  to  knew 
that  you  would  like  to  go  over  complainant's  prima  facie  case  in  the  suit 
of  Edison  v.  Allis-Chalmers  Co.,  et  al,  brought  for"  infringement  of  Mr. 
Edison's  method  and  apparatus  patents  covering  the  giant  rolls.  I  am, 
therefore,  sending  to  you,  by  express,  a  copy  cf  the  testimony  and  a  copy 
of  the  drawing  illustrating  the  defendants'  plant  at  Pekin.  I  do  not 
think  that  you  will  find  it  neceseary  to  have  any  of  the  other  exhibits. 
The  following  statement  in  regard  to  the  testimony  will  assist  you. 

Messrs.  Williams  and  Hartigan  (pp.  2,  56)  made  the  drawings  and 
have  described  the  Pekin  plant  fully  as  it  was  before  suit  v/as  brought. 
Mr.  Herter  (p.  105)  has  described  the  Pekin  plant  in  operation  after 
suit  brought.  Mr.  Klotz  (p.  143),  whose  testimony  I  took  as  part  of  our 
prima  facie  case  only  because  he  happened  to  be  here,  has  testified  to 
t-’e  advantages  of  the  g.lant  rolls  over  gyratory  crushers.  Mr.  Mason 
(p.  150  and  p.  249)  has  testified  as  to  the  construction  and  method  of 
operation  of  giant  rolls;  showing  that  the  giant  rolls  of  defendants' 
Pekin  plant  must  operate  like  the  New  Village  rolls.  Mr.  Bentley  (p. 

179)  has  testified  as  an  expert,  ex tila.in.ing  the  inventions  of  the  patents 
in  suit  and  that  defendants*  Pekin  giant  rolls  embody  those  inventions. 
Stipulations  (pp,  57  and  217a)  have  been  made  completing  the  .-or oof 
connecting  the  different  companies,  namely,  the  Allis-Chalmers’  Company, 
The  Casparis  Stone  Company  and  the  Empire  Limestone  Company,  with  the 
Pekin  plant  and  with  the  infringement  charged  in  the  bill  and  showing 
(p.  221)  that  on  October  10,  1907,  yuu  warned  the  Allis-Chalmers  Company 
against  infringement  of  the  patents  aied  on.  Kr.  Stephens,  whom  I  could 
not  keep  within  reasonable  limits,  has  testified  (p.  224)  fully  to  the 
effect  that  representatives  of  the  Ca3paris  Stone  Companv  and  the  Allis- 
Chalmers  Company  inspected  the  giant  rolls  at  New  Village  and  at  Sibley, 
Mich.,  obtaining  detailed  information  in  regard  thereto  and  explaining 
how  it  was  that  defendants  were  able  to  make  such&Chineae  cepy  of  the 
Edison  giant  rolls. 


Mr.  Edison,  Kr •  Bentley,  Mr.  Mason  and  T  have  gone  pretty  fully 
into  the  principles  and  theories  of  the  rolls, '  principally  for  use  in  re¬ 
buttal,  if  necessary.  So  far  Mr.  Mason  and  If r.  Bentley  have  not  gone 
into  any  extended  discussion  of  the  principles  cf  the  rolls,  stating 
only  enough  to  make  out  a  clear  prima  facie  case.  Kr.  Edison  is  the  one 
■who  has  a  clear,  comprehensive  grasp  of  the  principles  of  the  rolls 
and  the  ability,  by  apt  and  striking  illustrations  to  explain  those 
principles.  Mr.  Edison  has  stated  that  he  would  be  willing  to  testify 
in  rebuttal  should  I  request  him  so  to  do,  and  I  have-  the  question  cf  Mr. 
Eulscn's  testifying  under  consideration  and,  therefore,  state  the  fact 
in  order  to  obtain  your  views.  Of  course,  this  question  must  at  all 
events  depend  largely  upon  the  case  made  by  the  defendants,  who,  T  expect. 
tM  ^ Sh”  id**  ^akl^R1ef  their  testimony  thie  month,  probably  in  Chicago 


P.  I. 


Jan.  6/10, 


The  defendants  have  set  up  in  their  answer  100  or  more  United 
States  and  English  patents.  T  have  gone  over  t,he3e  carefully  as  far  as 
they  appeared  to  have  any  relevancy  whatever,  hut  have  found  nothing 
that  can  he  regarded  as  an  anticipati!gn,,a/j_Hr.  Bentley  is  of  the  sams 
opinion,  although  his  examination  haS^wben  very  superficial.  Prior 
patents  show  friction  clutches, slipping  connections,  rolls  with  knobs, 
rolls  with  lower  and  with  higher  knobs,  even  rolls  with  low  knobs  and 
two  rows  of  high  knobs  on  opposite  sides,  rolls  with  plates  of  different 
kinds,  all  sorts  of  rolls,  but  none  of  the  patents  of  the  prior  art  show 
massive  rolla  breaking  rock  by  kinetic  energy,  or,  in  other  words,  rock 
fed  periodically  to  massive  rolls.  Hr.  Edison  seems  to  have  been  the 
first  to  run  massive  rolls  up  to  a  high  speed,  then  to  deliver  blows 
from  the  rolls  to  break  the  rock  and  then  to  crush  the  rock,  performing 
the  breaking  and  crushing  by  kinetic  energy, and  then  to  run  the  rolls  up 
to  speed  again  and  repeat  the  operation. 

I  do  not  know  what,  therefore,  the  defendants  rely  upon. 

Some  questions  put  by  Hr.  Wilkinson  upon  cross-examination  of  Hr. 

Hason  (p.  169)  and  of  Mr.  Stephens  (p.  240  et  seq. )  would  indicate  that 
Hr.  Wilkinson  may  have  in  mind  an  attempt  to  prove  anticipation  or  two 
years  prior  use  by  the  rolls  at  Bens en  Hines  or  at  Edison,  N.  J.,  al¬ 
though  no  such  defense  is  set  up  in  the  answer,  but  might  be  later 
through  amendment. 

The  foregoing  letter,  I  think,  will  acquaint  you  with  the 
principal  features  of  the  suit  so  far  as  it  is  at  present  developed. 

When  you  have  considered  the  testimony,  will  you  kindly  return  the 
testimony  and  the  drawing  to  me,  as  Hr.  .Bentley  and  probably  Hr.  .Mason 
will  need  it  in  the  further  xjrogress  of  the  case,  although  there  i3  no 
present  need  for  the  same. 


Very  truly  yours, 


£oui6  Hicks,  Sbq., 

71  iloooau  St. , 

■Uow  York  City. 


donr  Mr.  Hi  aka:  . 

I  hdvb  lookod  ovor  tho  tostiraony  in  tho  suit  ' 
against  tho  Allis-Chalmora  Company  on  tho  Giant  Rolls  patent 
and  think  that  ovoryfching  is  most  affectively  covered-  It  : 
otrikop  mo  that  tho  casp  ip  a  peculiarly  aggravating  ono  and, 

I  think  it  ought  to  eonnond  itool-f  to  tho  Court-  ’ .  ,  . 

Shore  is  only  ono  suggestion  that  I  oon  rnelro,  Phioh 
possibly  you  have  alroady  in  raind. ,  .  THion  I  first  considorod 
tho  Giant  Roll  patient  I  novor"  could  undorotand  why  it  ms’  . 
that  tho  passage  of  tho  enormous.-,  amount  of  rock  botwoan  tho 
rolls  did  not • seriously  strain  tho  hearings  thorof or ,  hut 
upon  montioning  ray  doubts  to  Mr:  Edison  ho  told  rao  that  tho 
tromondous .  inortia  of  tlio  , rolls  provontod  thorn  from  aaparat-. 
ing  undor  tho  momc^Briy,  Btrossoo  nhidh  uero  imposod  Upon  tho  • 
rolls  by  tho  rooks  passing  botwoon  thorn.  In. othor  words 
tho  rolls  aro  so  masoivo  that  thoy  could  not  posoiblo  sopa¬ 
rat  o-in  tho  fr&otion  of  a  aooond  "that  is  ooouplod  in  tho 
pascago  of  tho  rook  botwoon  thorn.  Mr.  Edison  lias  said  to 
mo  that  if  tho  bodringo  woro  disponsod  with  ontiroly  tho  - 
would  not  do  par  to  lot  would  retain  their  position 


mm/m, 


Iduio'&Loks.  (2)  l/lo/lO. 

in  epa.oo.  Of'oouxso,  if  tho  rollo.  r/oro  turning  at  a  much 
slower  apeod  and  wore  Dimply  escorting  a  crushing  affect  on 
tho  masses  of  roolt,  not  only  would  tho '  powor  havo  to  bo 
enormously  multiplied,  but  you  will  DOo  that  tho  bearings 
thonaolvos  .would  havo  to'  bo  tromondouoly  largo  and  groat 
difficulty  would  bo  cncountorod  in  pronorly.  lubrioating  thorn. 
By  using  onormouo  maoooD  of  iron  in  tho  rolls-  and  operating 
thorn  at  high  spood,  do  as  to  break  tho  rook  by.  IcLnotic  onorgy, 
wd  aro  ablo  to  uao  a  vary  small  driving  powor  and  tho  boar- 
ingo  for  tho  rolls  aro  not  unduly  largo  end  tho  lubrioation 
of  tho  booringo  is  vory  oaoily  offootod.  I  h^y^  novor  . 
mentioned  tho  matter  to  Mr.  Edison,  but"  I  also  strongly  sus¬ 
pect  that  in  tho  operation  .of  those  rolls  thoro  is  a  oortdin 
gyrosoopio  action  and  by  roason-  of"  that  phonomonon  tho  rolls’ 
•bond  to  hold  thomsolvos  in  thoir  position  rogardloas  of  tho 
boarings  in.  which  thoy  aro  mountod.  In  othor  words ,  by 
reason  of  tho,  gyroscopic  of  foot  an  additional  steadying  ’ 
powor  is  takon  advantago  of  in  tho  cruohing  of  tho  rooks. 

I  ora^  dictating  thoso  notes  vory  hurriedly  on  tho 

phonograph,  but  I  think  you  will  got  on  idoa  of  what  I  am 
driving  at,  and  they  may  oomo  in  handy  whon  you  are  talcing 
yoxir  robuttal  testimony  as  .additional  grounds  for  sustaining 


tho  patent. -  • 

.  lours  very  truly,  •. 

H.B/IWV/ 

^omool. 

4c>»  louio  hicks,  m: 

Counsellor  AT  Law  and  proctor  or  admiralty 

Frank  L.  Dyer,  Esq., 

Pre3.  National  Phonograph  Co., 

Orange,  N.  J. 

My  dear  Mr.  Dye r : - 

I  enclose  a  copy  of  a  letter  vdiich  I  have  sent  hy  same 
mail  to  Mr.  Mason  in  regard  to  the  suit  against  the  Allis-Chalraers  Co. 
et  al  on  the  Edison  giant,  rails  patents.  The  points  of  the  letter  are 
two;  first,  that  I  have  obtained  an  order  limiting  defendants'  time  to 
take  testimony  to  Kay  1,  1910  and  cur  time  for  rebuttal  proofs  to  July  1, 
1910;  and  second,  that  I  believe  that  defendants  will  be  forced  to  en¬ 
deavor  to  establish  a  defence  of  more  than  two  years  prior  public  use 
or  anticipation  by  a  use  in  this  country  of  the  roll3  by  some  third  per¬ 
son  prior  to  Mr.  Edison's  earliest  date  of  invention.  T  do  not  believe 
that  there  will  be  any  ground  for  establishing  such  defences,  but  from 
letters  which  I  have  received  from  defendants'  coiuisel  saying  that  he  is 
engaged  in  certain  investigations  with  regard  to  evidence  looking  in 
the  direction  indicated,  X  believe  the  attempt  will  be  made.  Therefore, 

I  am  talcing  every  precaution  to  gather  such  evidence  as  may  be  available 
to  meet  such,  defences  if  raised.  I  have  asked  Mr.  Mason  to  take  the 
matter  up  with  Mr.  Edison  and  possibly  you  may  at  some  time  think  it 
advisable  to  do  the  same,  or  you  may,  yourself,  have  information  or  be  in 
a  position  to  refer  me  to  same  person  who  has  information  which  will 
assist  me. 

With  my  best  regards,  I  am, 

Yours  very  truly. 


ORA  RTUIRDT. 

Mar.  26,  1910. 


[ENCLOSURE] 


ONC  ,A,,C..U.,., 

. Mar.  26, . 1910. 


William  H.  Mason,  Esq., 

o/o  Edison  Crushing  Rolls  Co., 
Stewartsville,  N.  J. 


My  dear  Mr.  Mason: - 


Edison  vs.  Allis-Ohalaere  Co.,  et  al. 

I  have  obtained  an  order  limiting  defendants'  time  to  take 
proofs  to  May  1,  and  limiting  our  time  to  take  testimony  in  rebuttal 
to  July  1.  This  arrangement  would  close  the  proofs  before  the  summer  and 
enable  us  to  bring  the  cause  on  for  final  hearing  in  the  fall.  So  far 
Mr.  Wilkinson  has  made  no  move  toward  putting  in  his  proofs  and,  there¬ 
fore,  X  have  secured  the  order  limiting  his  time. 

I  have  been  going  over  the  case  within  the  last  few  days  and 
there  are  one  or  two  matters  of  which  I  wish  to  write  to  you. 

As  appears  from  my  letter  of  December  11  to  Mr.  Mallory, 
and  Mr.  Williams'  letter  of  December  18  to  me,  I  wrote  to  the  Dunbar 
Stone  Company  of  Detroit  warning  them  against  infringement  of  the  Edison 
giant  rolls  patents  and  Mr.  Williams  stated  that  a  copy  of  my  letter  to 
Mr.  Mallory  suggesting  that  the  Sibley  Quarry  Company  obtain,  if  possible, 
further  information,  was  forwarded  to  the  Sibley  Company.  Has  any  fur¬ 
ther  information  been  obtained  with  regard  to  the  construotion  of  in¬ 
fringing  rolls  hy  the  Dunbar  Stone  Company? 

Referring  to  my  letter  of  January  4,  1910  to  Mr.  Williams,  to 
your  letter  of  January  17  to  me  enolosing  a  copy  of  Mr.  Herter's  report 
of  March  15,  1907,  and  to  your  letter  of  Maroh  4  to  me,  all  relating  to 
the  rolls  de8igned  by  Mr.  Phelps  and  built  for  the  Clinton  Point  Stone 
Company  of  Clinton  Point,  N.  Y.,  and  later  removed  to  Benson  MineB 
where  they  now  are  in  their  changed  condition,  I  understand  you  to  say 
that  your  information  in  regard  to  those  rolls  is  as  follows j- 

(1)  The  rolls  were  designed  and  built  in  1896.  If  this  is  so, 
we  have  nothing  to  fear  in  regard  to  a  defence  based  upon  a  public  use 

Of  those  rolls  more  than  two  years  prior  to  the  time,  July  16,  1897,  when 
Mr.  Edison  filed  his  application  for  the  giant  rolls  patents.  However,  , 
if  it  should  appear,  although  I  do  not  understand  that  it  was  the  faot, 
that  the  Benson  Mines  rolls,  when  originally  put  up  at  Clinton  Point, 
operated  by  kinetic  energy  and  were  otherwise  similar  to  the  Edison  giant 
rolls,  in- such  case  it  would  be  necessary  for.  Mr.  Edisoi  to  prove  that 
his  date  of  invention  was  not  only  prior  to  his  filing  date,  July  16, 

1897,  but  also  prior  to  the  designing  and  construotion  of  the  Benson 
Mines  rolls  in  1896.  Of  ocurse,  Mr.  Phelps  was  formerly  with  Mr. 

Edison  and  I  have  no  doubt  that  in  1896  what  he  did  was  the  result  of 
what  he  learned  from  Mr.  Edison  previously  to  that  date. 

(2)  In  your  letter  to  me  of  Maroh  4,  1910,  you  say  that  Mr. 
Herter  has  found  the  drawinga  for  the  original  friotion  put  on  the  giant 
rolls  at  Edison,  N.  J.  and  that  he  has  also  found  the  drawings  for  a 
friotion  exaotly  alike  in  design  whioh  was  put  on  the  intermediate 
rolls  whioh  were  4  ft.  x  4  ft.  and  eet  directly  under 

the  giants.  The  drawings  for  the  friction  of  the  giant  rolls 
you  say  were  made  April  14,  1894  and  the  drawings  of  the  friction 


[ENCLOSURE] 


m 


Mar.  26/10. 


for  the  intermediate  rolls  were  made  April  16,  1894.  You  add  that  it 
would  seem  from  the  fact  that  Mr.  Edisonhad  the  frlotion  designed  at 
exactly  the  same  time  for  the  giant  rolls  and  for  the  intermediate 
rolls,  that  the  idea  Of  these  frictions  was  purely  to  save  the  belt. 

Prom  this  I  understand  that  you  think  that  when  the  drawings  were  made  in 
April, 1894,  the  idea  of  breaking  rook  by  kinetic  energy,  consisting  in 
first  running  massive  rolls  having  irregular  surfaces  up  to  high  speed, 
then  delivering  rook  to  the  rolls,  thereby  breaking  the  rook  by  kinetic 
energy,  and  slowing  down  the  speed  of  the  rolls,  then  running  the  rolls 
up  to  speed  again  and  feeding  more  rook  to  the  rolls  so  that  the  rook  is 
fed  at  intervals  to  the  rolls  in  the  manner  stated,  had  not  then  been 
fully  developed,  if,  indeed,  it  had  at  that  time  ocourred  to  Mr.  Edison. 

It  may  be  that  later  on  in  the  oase  we  shall  have  to  inform  ourselves 
accurately  in  regard  to  all  these  points. 

Ky  impression  is,  subject  to  correction,  that  Mr.  Edison  prob¬ 
ably  evolved  the  idea  of  the  giant  rolls  for  breaking  rook  by  kinetic 
energy  in  the  manner  stated  at  an  early  date,  hit  that  muoh  experimental 
work  was  necessary  before  the  invention  could  be  tested  and  put  into 
practical  operation.  Mow,  the  legal  aspect  of  the  situation  is  with 
regard  to  a  possible  defence  that  the  Edison  rolls  were  in  public  use 
at  Edison,  N.  J.  or  elsewhere  more  than  two  years  before  Mr.  Edison  filed 
his  patent  application  on  July  16,  1897,  that  whatever  Mr.  Edison  did 
in  an  experimental  way  to  test  and  to  develop  his  invention  is  not  to  be 
regarded  as  a  public  use,  the  two  years  beginning  and  running  only  after 
the  real  experiments  had  ceased  with  the  completion  of  the  Invention.  In 
other  words,  in  order  to  establish  a  defence  of  more  than  two  years  prior 
publio  use,  the  defendants  would  have  to  show  that. Mr.  Edison  had  com¬ 
pleted  his  invention  and  had  made  all  neoessary  experiments  therewith 
more  than  two  years  before  July  16,  1897,  and  that  thereafter  and  still 
more  than  two  yearsbefore  July  1  6,  1897,  Mr.  Edison  had  publicly  used  the 
invention,  that  is  to  say,  had  used  the  invention  in  the  presence  of 
and  with  the  knowledge  Of  some  other  person. 

(3)  I  understand  from  your  letter  of  Maroh  4,  1910,  that  Mr. 
Phelps  told  Mr.  Herter  that  he,  Mr.  Phelps,  put  a  friotion  pulley  on  each 
roll  and  also  a  friotion  pulley  on  the  line  shaft  driving  the  rollB. 

You  do  not  give  the  date  when  the  friotion  pulleys  were  put  on  by  Mr. 
Phelps,  but  I  assume  that  it  was  in  1896  when  the  rolls  were  designed 
and  built.  You  Bay  further  that  Mr.  Herter  gathered  from  Mr.  Phelps 
that  his  frictionB  were  put  on  the  rolls  simply  beoause  he  was  keeping 
the  general  scheme  of  the  original  giant  rolls  at  Edison.  Erom  this 
information  it  would  appear  that  your  idea  is  that  the  rolls  designed 
and  .built  by  Mr.  Phelps  in  1896  were  not  designed  or  built  to  break  rook 
by  kinetic  energy  according  to  Mr.  Edison' sunthod.  Of  course,  if  in  , 

1896  Mr.  Phelps  did  nothing  more  than  to  use  the  friction,  pulleys  or  J 

"frictions",  as  you  call  them,  shown  .in'  the  drawings  of  April,  1894, 
and  designed  by  Mr.  Edison  prior  to  April,  1894,  in  that  oase  the  draw¬ 
ings  of  1894  being  in  existence,  as  you  say,  the  proof  of  Mr.  Edison's 
■  priority  over  Mr.  Phelps  would  be  clear. 

(4)  Will  you  kindly  have  made  and  sent  to  me  a  ocpy  of  the 
drawings  of  April,  1894,  showing  the  frictions  designed  for  the  giant  and 
intermediate  rolls? 


[ENCLOSURE] 


* 


m 


W.B.K.  -3-  Bar.  26/10. 


I  do  not  think  that  the  defendants  can  succeed  upon  the  United 
States  and  English  patents  set  up  in  the  answer  aB  anticipations  of  the 
Edison  Riant  roll8.  Therefore,  although  it  ia  well  known  that  it  is  a 
moot  difficult  matter  to  establish  in  a  patent  suit  a  defenoe  that  the 
invention  was  in  puhlio  uoa  more  than  two  years  before  the  application 
for  the  patent  was  filed,  or  a  defonoe  that  some  third  person  knew  and 
used  the  invention  before  the  patentee  invented  it,  still  it  seems  to 
me  that  the  defendants'  counsel  will  make  a  strenuous  effort  to  build  up 
suoh  defences  for  want  of  any  other  defences  upon  which  they  can  rely. 
Therefore,  I  attach  great  importance  to  our  efforts  at  the  present  time 
to  gather  such  evidence  as  will  enable  us  to  meet  and  overthrow  such  de¬ 
fences  if  raised  by  the  proofs  to  be  introduced  by  defendants,  Bence  I 
send  two  copies  of  this  letter  to  you  and  I  am  also  sending  one  copy  of 
it  to  Mr.  Dyer,  in  the  hope  that  you  will  not  only  gather  such  informa¬ 
tion  as  you  een  independently  of  t4r.  Edison,  but  also  that  you  will, 
when  you  hove  a  proper  opportunity,  give  r,o  Mr.  Edison  one  copy  of  this 
letter  and  obtain  from  him  suoh  information  as  he  undoubtedly  can  Rive 
ue. 


Kr.  Mallory  may  very  likely  have  some  knowledge  of  those 
matters,  and  for  this  reason  and  because  he  is  most  interested  in  the 
suit  end  desirous  to  assist  and  be  kept  informed  of  its  progress,  I 
would  request  that  you  kindly  call  Mr.  Mallory's  attention  to  this 
letter. 


With  my  best  regards  to  you  nil,  I  am, 
Yours  very  truly, 


Mr.  Wilkinson,  defendants'  counsel,  on  February  5,  wrete  to  me 
saying  that  his  client  "has  been  Investigating  some  matters  of  defonoe, 
and  hove  ascertained  that  in  a  very  few  days  it  will  be  definitely  known 
whether  the  matters  whioh  we  are  investigating  will  form  part  of  our 
proofs",  and  on  February  21  Mr.  Wilkinson  said,  "I  nm  now  having  a  re- 
preoentntive  in  the  East  investigate  oertain  matters  and  te  ascertain 
what  witnesses  we  can  rely  upon  to  establish  the  proposed  matters  of 
defence.  I  expect  that  the  representative  referred  to  will  return  to 
Chicago  in  a  few  doys,  and  I  will  then  at  once  fix  a  date  for  proceeding 
with  defendants'  testimony."  On  cross-examination  of  our  witnesses  you 
will  remember  that  Mr.  Wilkinson  referred  to  Mr.  Phelps  and  the  rolls  at 
Benson  Mines,''  implying  that  a  draftsman, formerly  employed  by  Kr.  Edison, 
claimed  to  have  invented  the  rolls. 


Can  you  find  out  the  date  when  the  rolls  were  removed  from 
Clinton  Point  to  Benson  Mines? 


March  27,  1010. 

Louis  Hicks,  Esq., 

71  Ilacsau  at. , 

How  York  City. 

hoar- Mr.-  Hi  oka: 

Yours  oi’  tho  26th  inst.  has  boon  received  in 
roferoncc  to  tho  suit  oguinst  tho  Allis-Chalmors  Co.  Personally  ' 
I  can  not  familiar  with  tho  datos  of  :sr.  Edison's  work  on  tho 
giant  rolls  because  tho  original  application  was  filed  before  I 
oamc  to  How  York.  Shore  can  bo  no  doubt,  however,  but  that  Mr. 
Edison's  work,  at  least  up  to  tho  end  of  tho  year  1897,.  was  purely 
experimental.  I  viaitod-  tho  plant  at  Edison  in  tho  Spring  of 
1890  and  at  that  time  it  was  bolioved  that  tho  experimental  period 
had  passod,  and  fir.  Edison  coraraencod  negotiations  with  capitalists 
in  London  to  exploit  his  inventions  on  oro-milling  maohinory  for 
the  rest  of  tho  world.  I  havo  always  understood,  as  a  matter  of 
gonoral  gossip,  that  a  formor  draughtsman  of  Mr.  Edison's  loft  him 
in  tho  oarly  days  and  startod  to  build  a  sot  of  giant  rolls  somo- 
whero  olso,  claiming  that  ho  was  tho  inventor,  but  I  understood 
from  Hr.  Edison  that  tho  so  rolls  woro  an  abBoluto  failure. 

If  I  can  bo  of  any  service  to  you  in  connootion  with 
this  particular  dofonso,  do  not  hositato  to  call  upon  me. 

At  all  timos  I  shall  of  courso  bo  most  interested  to 
hoar  of  tho  progress  of  tho  case.  ^ours  v  y 


b/h  y 
.  /pui  ^  1 


July  13,  1910 


I  had  a  talk  with  Harry  1.  Dunoon  on  Monday,  in  regard 
to  the  suit  on  the  long  kiln  patent.  He  said  that  in  the 
original  test  oase  the  defendant  had  acknowledged  the  validity 
of  the  patent  ,and  had  taken  out  a  lioense,  hut  that  there  is 
one  other  suit  pending  in  which  nothing  has  been  done  beyond  the 
filing  of  the  replication,  for  the  reason  that  Mr.  Dunoan  thinks 
that  it  would  be  very  muoh  more  advisable  and  safe  to  go  before 
the  oourt  on  the  two  patents,  that  is,  the  apparatus  and  prooess 
both,  than  to  try  out  the  oase  on  the  apparatus  patent  alone. 

He  said  that  he  talked  this  matter  over  with  you  about  a 
year  ago  and  thought  that  you  agreed  with  him,  and  he  thinks  that 
we  should  take  our  appeal  to  the  Board  of  Examiners  in  Chief  in 
the  prooess  application  right  away,  and  Wit  that  we  should  be 
suooessful  in  getting  some  good  claims,  and  that  we  should  then 
take  out  the  patent  and  bring  suit  based  upon  both  patents  against 
some  oonoern,  so  that  the  prooess  olaims  would  be  before  the 
oourt  together  with  the  apparatus  olaims. 

He  oonsiders  the  ohanoes  before  the  Board  very  good 
indeed,  and  is  willing  to  oo -operate  in  every  way  upon  the 
appeal.  He  suggested  that  I  get  up  the  argument,  and  that  we 
should  then  go  over  it  together,  which  seems  like  a  good  suggest¬ 
ion. 
dh/mjd 


I  saw  Mr.  Dunoan  yesterday  in  regard  to  the  suit  on  the 
Edison  kiln  patent,  and  find  that  he  is  perfectly  willing  to 
go  ahead  with  the. taking  of  proofs  in  this  suit,  hut  would 
like  to  have  a  letter  from  you  asking  him  to  take  such  step, 
on  aooount  of  the  misunderstanding  whioh  seems  to  have  arisen. 

His  idea  of  a  prima  faoie  oase  is  to  put  on  the  stand 
the  former  superintendent  of  the  defendant,  who  is  expert  in 
burning  oement,  hut  is  not  a  patent  expert,  and  examine  him  as 
to  the  apparatus  used  hy  the  defendant,  and  how  it  was  used, 
and  what  results  were  obtained.  He  does  not  think  it  would 
he  advisable  to  put  a  patent  expert  on  for  the  prima  faoie 
oase,  as  the  oross -examination  would  then  be  direoted  to  all 
sorts  of  matters  oonneoted  with  the  patent  and  its  file  wrapper 
which  he  thinks  can  just,,  as  well  be  avoided  at  this  Btage  of 
the  case.  He  thinks.it  would  probably  be  well  to  have  a 
patent  expert  for  the  rebuttal. 

fhe  best  patent  expert  on  oement  is  believed  to 
be  Prof.  Carpenter  of  Cornell,  and  he  thought  it  would  be  ad¬ 
visable  to  ^Btain  Prof.  Carpenter  if  we  get  him. 

-  it  seeips  to  me  that  if  we  are 'to  retain  this  ex¬ 
pert ,  it  ..should. ‘be  done  before  we  begin  taking  our  proofs, 
because  the  other  side  may  retain  him  if  we  wait,  but  Mr. 

Dunoan  says  that  Prof.  Carpenter  iB  at  present  in  California, 
so. that  it  might  be  diffioult  to  arrange  the  matter  at  this 
time.  What  would  you  like  to  do  in  this  regard? 


FLD  2 

The  olaims  whioh’Mr.  Duncan  thinks  are  infringed 
are  1,  2,  5,  8,  17  and  18,  and  possibly  6,  7  and  11. 

As  to  claim  6,.  we  do  not  see  how  we  oan  prove  that  in 
the  defendant's  apparatus  the  length  of  the  kiln  beyond  the 
combustion  zone  is  sufficient  to  permit  substantially  all 
the  oarbon  dioxide  to  be  evolved  from  the  oement  material.  The 
substanoe  of  this  claim  seems  to  be  a  prooesB.  While  the  de¬ 
fendant  '  s  .  kiln  might  be  long  enough  to  permit  this,  it  seems 
to  me  that  we  should  be  required  to  prove  that  the  oarbon  di¬ 
oxide  was  evolved  as  set  forth  in  the  olaim.  This  we  have  no 
way  of  doing. 

As  to  claim  7,  we  do  not  know  at  present  whether  there 
is  a  damper  in  the.  staok  or  flue. 

I  would  be  glad  to  have  your  viev/s  in  full  as  to  the 
matters  referred  to  herein.  j 

_ s 


dh/mji 


Legal  Department  Records 
Cement  -  Interference  Proceeding 

Shiner  v.  Edison  (No.  27,406) 

This  folder  contains  material  pertaining  to  a  Patent  Office  proceeding 
involving  an  application  filed  by  Edison  on  January  27, 1906,  for  a  patent  on 
a  rotary  kiln  that  he  had  invented  in  1 899  and  a  competing  application  by 
William  C.  Shiner.  The  one  selected  item  is  Edison's  brief  on  appeal  to  the 
commissioner  of  patents,  who  ruled  in  favor  of  Edison  in  June  1909. 


Bo*.  [7^ 


IN  THE  UNITED  STATES  PATENT  OFFICE. 

WILLIAM  C.  SHINER 

THOMAS  A.  EDISON. 

ON  APPEAL  TO  THE  COMMISSIONER  IN  PERSON. 

BRIEF  FOR  EDISON. 


KRANK  L.  DYER, 

,  Attorney  for  Appellant. 


HERBERT  H.'  DYKE, 
DYER  SMITH, 


Suited  states  fatcut  (Office. 


Interference  No.  27,400. 
Rotary  Kilns.  On  Ap¬ 
peal  to  the  Comaijs- 
sioner  in  Person. 


BRIEF  FOR  EDISON. 

This  appeal  is  taken  b.y  Edison,  the  senior  party, 
from  the  decision  of  the  Hoard  of  Examincrs-in- 
Chief  in  favor  of  Hie  junior  party,  Shiner.  The  de¬ 
cision  was  rendered  by  a  divided  Hoard,  Examiners- 
in-Ohicf  Stewart  and  Campbell,  holding- — though 
they  were  not  in  agreement  in  their  reasoning — 
that  priority  should  be  awarded  to  Shiner,  and 
Examiner-in-Chief  Mncaulcy  holding  that  Edison 
is  entitled  to  the  award  of  priority.  Eaeli  of  the 
tlie  three  members  of  the  Hoard  of  Examincrs-in- 
Chief  wrote  a  separate  opinion. 

Tlie  senior  party,  Edison,  filed  his  application  on 
January  27,  1 !)()(;.  Shiner  did  not  file  until  nine 
months  later,  his  filing  date  being  October  26tli  of 
the  same  year.  Tlie  interference  is  between  Edi¬ 
son’s  application  and  a  patent  granted  to  Shiner  on 
February  19,  1907,  upon  his  application  of  October 
20th,  1900. 

The  Invention  and  Interference  Issue. 

The  invention  in  issue  is  an  improvement  in 
cement  burning  kilns  devised  for  tlie  purposo  of  re- 


\  Villi  am  C.  Shiner, 
Thomas  A.  Edison. 


2 

turning  to  the  kiln  the  finely  divided  cement  form¬ 
ing  material  carried  into  the  stnek  by  the  rapid 
flow  of  tlie  discharged  gases  from  the  kiln.  A  cham¬ 
ber  is  provided  at  the  base  of  the  stack  so  ns  to 
increase  the  diameter  of  the  stack  in  that  neighbor¬ 
hood,  thereby  decreasing  the  speed  of  the  discharged 
gases  and  allowing  the  material  carried  by  the 
gases  to  fall  upon  the  bottom  of  the  chamber,  where 
it  collects  in  a  sort  of  hopper  provided  for  the  pur¬ 
pose,  and  is  returned  by  means  of  a  suitable  return¬ 
ing  device  to  the  kiln  to  be  burned  into  cement 
clinker.  The  returning  means  shown  by  each  of 
the  Applicants  consists  of  a  rotary  conveyor. 

The  interference  issue  is  as  follows: 

“1.  In  a  rotary  kiln,  a  stack  provided  with 
a  base  having  a  chamber  adapted  to  receive 
and  to  retain  matter  dropped  from  the  stack, 
a  kiln-tube  connected  with  the  base  and  ter¬ 
minating  with  its  interior  portion  slightly  be¬ 
low  tlie  chamber  thereof,  and  movable  means 
for  positively  conducting  tlie  descending  mat¬ 
ter  from  the  stack-flue  directly  into  said  kiln.” 

The  Burden  of  Proof  on  Shiner;  His  Patent  In¬ 
advertently  Granted. 

Tlie  patent  to  Shiner,  it  will  be  noted,  was  grant¬ 
ed  while  Edison’s  application  was  pending  in  the 
Patent  Office.  On  the  question  of  the  burden  of 
proof,  tlie  Examiner  of  Interferences  held  as  fol¬ 
lows  : 

“Shiner  has  a  patent,  which  was  issued  to 
him  on  tlie  19th  of  February,  1907,  but  this 
patent  having  been  inadvertently  issued,  does 
not  change  tlie  relation  of  the  parties,  and  the 
burden  is  therefore  upon  Shiner  of  proving 
priority  by  preponderance  of  evidence.” 

Examiner-in-Cliief  Campbell  stated  in  liis  opin¬ 
ion  (pages  9  and  10), that  it  was  error  to  bold  that 


8 

tlie  patent  was  inadvertently  granted  to  Shiner, 
basing  this  view  upon  the  alleged  ground  that  Edi¬ 
son  did  not  claim  the  invention  of  tlie  issue  until 
after  the  granting  of  Shiner's  patent,  and  that  Edi¬ 
son  was  not  claiming  this  invention  at  tlie  time  that 
Shiner’s  patent  was  granted.  We  had  thought  that 
this  ghost  had  long  ago  been  laid,  and  that  tlie  rule 
was  well  established  that  an  applicant  lias  tlie  bene¬ 
fit  of  the  date  of  filing  an  application  disclosing 
his  invention  for  any  claim  which  may  properly  be 
made  upon  the  disclosure  thereof,  and  so  are  very 
much  surprised  at  such  a  finding,  but,  ns  eacli  of 
the  Examiners-iii-Chief  who  decided  in  favor  of 
Shiner  appears  to  have  erroneously  assumed  that 
Shiner  was  the  first,  and  Edison  tlie  last,  to  claim 
tlie  invention  of  tlie  issue  (though  Mr.  Campbell 
was  alone  in  holding  that  this  supposed  fact,  if  true, 
would  have  any  effect  upon  the  rights  of  either  of 
the  parties),  we  shall  consider  tlie  applications  of 
tlie  two  parties  with  a  view  to  showing  tlie  real 
facts  relative  to  the  times  of  claiming  the  invention 
by  the  parties. 

It  will  be  seen  that  the  issue  of  the  interference 
comprises  three  elements;  tlie  stack  with  tlie  cham¬ 
ber  at  its  bottom ;  tlie  kiln-tubes  connecting  witli  tlie 
chamber;  and  means  for  returning  material  col¬ 
lected  in  the  chamber  to  the  kiln.  There  are  some 
minor  limitations  in  tlie  claim  to  which  we  shall 
refer  hereafter,  but  these  are  its  principal  elements. 
Edison’s  application,  as  originally  filed,  contained 
three  claims  which  were  numbered  respectively  3, 
4  and  (i,  and  which  were  drawn  directly  upon  the 
combination  of  elements  now  forming  tlie  issue. 
For  example,  Edison’s  original  claim  4,  read  as 
follows: 

“4.  Tlie  combination  with  a  rotary  kiln,  of 
a  settling  chamber  witli  which  the  upper  end 
of  tlie  kiln  connects  and  means  for  returning 


to  the  kiln  material  deposited  in  said  settling 
chandler,  substantially  as  set  forth.” 

and  these  claims  to  this  combination  of  elements 
remained  in  the  application  during  the  entire  time 
that  Shiner’s  application  was  pending  and  includ¬ 
ing  the  time  of  the  issue  of  the  patent. 

Shiner’s  application,  at  its  filing,  contained  sev¬ 
eral  claims  to  this  same  combination  of  elements, 
claim  5,  for  example,  rending  as  follows: 

“5.  In  a  rotary  kiln,  a  stack  having  a  flue 
and  a  base  provided  with  a  chamber,  a  kiln 
connected  with  the  base  and  terminating  in 
the  chamber  thereof  to  permit  dust  or  fine  par¬ 
ticles  from  the  kiln  to  pass  directly  into  the 
flue,  and  means  arranged  in  the  base  of  the 
chamber  for  conducting  the  dust  or  fine  par¬ 
ticles  from  the  fine  back  into  said  kiln.” 

Shiner’s  claims  wore  rejected  on  November  13, 
1800.  They  were  then  cancelled  and  two  claims 
were  substituted,  which,  after  further  slight  amend¬ 
ments,  became  the  claims  of  the  patent. 

Of  these,  Claim  1  is  the  issue  of  this  interference. 
So  far  as  is  apparent,  the  only  difference  between 
the  issue  and  Claim  d  originally  filed  by  Edison  is 
that  the  claim  of  the  issue  sets  out  that  the  bottom 
of  the  kiln-tube  is  below  the  bottom  of  the  chamber 
and  that  the  returning  means  returns  the  material 
direct  to  the  kiln.  It  is  inconceivable  that  the  Pri¬ 
mary  Examiner  having  the  two  applications  before 
him,  with  their  almost  identical  disclosure,  so  far 
as  they  relate  to  the  features  in  issue,  and  with  the 
claims  of  each  directed  to  the  same  identical  com¬ 
bination  of  elements,  could  have  decided  that  the 
parties  wore  not  endeavoring  to  claim  the  same 
invention,  and  could  have  issued  the  patent  to 
Shiner  without  taking  steps  to  institute  an  inter¬ 


ference  between  him  and  Edison.  The  only  way 
in  which  we  cau  account  for  the  issue  of  the  patent 
to  Shiner,  under  the  circumstances,  is,  that  it  was 
issued  inadvertently,  and  that  the  Primary  Ex¬ 
aminer,  when  he  passed  Shiner’s  ense  to  issue,  did 
not  have  in  mind  the  disclosure  and  claims  of  the 
application  of  Edison.  It  seems  perfectly  clear 
that  the  only  differences  between  the  claims  pre¬ 
sented  in  these  cases  are  such  differences  ns  arise 
when  npxtlicntions  for  identical  inventions  are  be- 
ing  prosecuted  by  different  parties,  by  reason  of 
the  fact  of  universal  experience  that  no  two  persons 
will  view  the  same  subject  matter  in  precisely  the 
same  light.  To  hold  that  Edison  did  not  claim  the 
invention  of  the  issue  from  the  .time  of  the  filing 
of  his  application,  when  he  did  in  fact  have  claims 
for  the  same  combination  of  elements  and  for  per¬ 
forming  the  same  functions,  is  substantially  to  hold 
that  no  interference  will  be  declared  between  pend¬ 
ing  applications,  lint  that  every  applicant,  in  order 
to  obtain  an  interference,  must  wait  until  his  oppo¬ 
nent’s  patent  has  been  issued.  It  cannot  be  that 
the  amendments  to  Rule  98  were  made  for  any 
such  purpose. 

We  submit,  therefore,  on  this  phase  of  tiie  case, 
that  it  is  entirely  immaterial  who  was  the  first  to 
claim  the  invention  of  the  issue;  but  that,  since  it 
has  been  shown  tiiat  each  of  the  applicants  was 
claiming  this  invention  from  the  filing  of  his  appli¬ 
cation,  and  Edison  was  the  first  to  file,  he  was  the 
.first  to  claim  the  invention;  that  the  patent  to 
Shiner  was  inadvertently  granted  while  Edison’s 
application  was  pending  and  that  the  burden  of 
proof  is  on  Shiner. 

The  Evidence. 

What  we  have  had  to  say  so  far  has  had  reference 
only  to  the  disclosure  of  the  two  applications.  Tiie 


stipulated- statement  of  facts  for  both 
signed  l>y  counsel  on  bebnlf  of  the  respec¬ 
ts.  The  stipulation,  after  setting  out  ccr- 
i  which  nppcnr  from  the  file  of  Mr. 
application,  presents  tlie  cases  of  the 
its,  on  pages  5  and  0,  as  follows: 

Shiner’s  Case. 

The  invention  defined  by  the  Interior- 
issue,  the  first  claim  only,  of  the  Shiner 
it  No.  Sit, (123  of  February  tilth,  1907,  was 
lived-  by  the  patentee,  Shiner,  on  or  about 
lath,  1903.  ITe  made  drawings  of  the  in- 
on  about  July  20th,  1901,  and  explained 
mine  to  others  about  the  25th  of  July, 


That  he  first  embodied  the  invention, 
isuc  of  this  Interference,  in  a  rotary  kiln, 
m  Atlas  Portland  Cement  Company’s 
:s,  at  Northampton,  Pennsylvania,  July 
1904,  and  the  Kiln  was  started  up,  with 
Invention  therein  about  August  1st,  1904, 
vorked  successfully  since  said  date.  That 
first.said  day  of  August,  1904,  thirty  odd 
y  kilns  have  been  modified  to  embody  in 
turc  the  invention,  the  issue  of  this  inter- 
ce,  by  the  said  Shiner  and  others  under 
uperintendcncc  of  installation  as  set  out 
is  patent  of  February  lfltli,  1907,  No. 
23,  and  all  of  which  kilns  embodying  the 
Shiner  invention  are  now  in  successful 
ition,  at.  different  points  at  this  time.  The 
of  changing  an  ordinary  rotary  cement 
Bring  kiln  to  the  Shiner  patented  inven- 
;o  effect  a  reduction  of  waste  in  the  clink- 
of  the  cement  materials  is  between  six 
en  dollars  per  kiln.  That  this  can  be  nc- 
lished  by  principally  a  brick-layer  under 
of  the  Shiner  invention.  The  Shiner  in- 
3ii  is  designed  to  conserve  waste  in  the 
iction  of  Portland  Cement. 


1.  The  invention  defined  by  the  Interfer¬ 
ence  issue  was  conceived  by  the.  party  Edison 
on  or  about  January  1,  1899,  anil  was  at  that 
.time  fully  disclosed  by  him  to  others  at  Or¬ 
ange,  and  elsewhere  within  the  United  States, 
but  not  to  his  knowledge  at  any  time  to  Shiner 

>■  and  his  associates. 

2.  In  the  month  of  January,  1S99,  Edison 
bad  working  drawings  made  of  the  invention 
and  in  the  month  of  July  of  that  year  lie  caused 

.  a  second  set  of  working  drawings  thereof  to 
!  bo  made.  In  the  month  of  Scpembcr,  1899,  be 
made  a  wooden  model  of  the  invention  and 
from  time  to  time  during  the  year  1899,  and 
particularly  in  the  month  of  February  of  that 
year,  he  made  numerous  sketches  illustrating 
the  invention  of  the  issue. 

3.  Edison  began  in  October,  1899,  and  com¬ 
pleted  in  August,  1900,  at  the  Edison  Labora- 

,  tory,  West  Orange,  N.  J.,  a  complete,  full  size 
kiln  involving  therein  the  issue  and  immedi¬ 
ately  after  its  completion  this  kiln  was  suc¬ 
cessfully  tested  and  the  apparatus  was  suc¬ 
cessfully  operated  and  large  amounts  of 
cement  forming  material .  was  burned  to 
clinker  which  was  ground  to  form  Portland 
Cement. 

This  cement  was  not  made  use  of  commer¬ 
cially,  however,  but  was  merely  tested  to  deter- 
•mine  that  the  clinker  was  properly  burned. 
These  operations  constituted  a  complete  reduc¬ 
tion  to  practice  of  the  kiln,  in  which  was  em¬ 
bodied  the  issue.  The  development  of  the  Edi¬ 
son  kiln  involved  expenses  of  over  one  hun¬ 
dred  thousand  dollars,  and  were  witnessed  by 
lurge  numbers  of  employees  of  the  Edison 
Laboratory  and  by  numerous  visitors,  none  of 
whom,  however,  was  Shiner  and  bis  associates 
to  the  best  of  the  knowledge  and  belief  of  the 
said  Edison,  nor  is  there  any  claim  at  this 
time  that.  Shinei-i  derived  the  ideas  of  bis  in¬ 
vention  patented  February  19th,  1907.  from 


wlmt  the  said  Edison  might  have  been  doing.. 
Both  working  independently,  as  inventors,  in- 
this  field. 


The  following  table  shows  the  salient  facts  and 
dates : 


Shiner.  Edison. 

Conception  . Jnly  15,  1903  Jnn.  1,  1899 

Drawings  . July  20,  19041  Jnn.,  1899 

1  July,  1899 

Disclosure  . July  25,  1904  Jan.  1,  1899 

Reduction  to  prac¬ 
tice  . July  29,  19041  Oct.,  1899  to 

JAug.,  1900 


Kilns  since  modi¬ 
fied  to  embody 

the  invention . 30  odd.  No  evidence. 

Application  filed _ Oct.  2G,  1906  Jan.  27,  1906 

Patent  granted . Fob.  19,  1907 

It  appears  from  this. table  that  Edison  was  the 
first  to  conceive,  the  first  to  reduce  to  practice  and 
the  first  to  file  his  application.  It  appears  also 
that,  while  Edison  waited  five  years  and  five 
months  after  reducing  the  invention  to  practice, 
before  filing  his  application  for  patent,  there  was 
a  similar  delay  on  Shiner’s  part  of  two  years  and 
three  months,  and  that  Shiner,  since  reducing  the 
invention  to  practice,  lias  embodied  it  in  thirty  odd 
kilns,  though  no  dates  appear  for  the  making  of 
these  kilns.  As  we  have  seen,  the  case  is  not  af¬ 
fected  by  the  inadvertent  granting  of  the  patent  to 
Shiner. 


Edison  Entitled  to  the  Award  Because  the  Prior 
Inventor.  Alleged  Exceptions  to  the  General 
Rule  that  priority  will  be  awarded  to  the  first 
inventor. 


ance  with  II.  S.  Sec.  4904,  Edison  must  succeed  in 
this  interference,  for  lie  is  both  the  first  to  con¬ 
ceive  the  invention  and  the  first  to  reduce  it,  to  prac- 
.  ticc,  and  is  therefore  necessarily  the  prior  inven¬ 
tor. 

It  lias  been  held  in  recent  years  that  in  cases 
where  the  prior  inventor  is  shown  to  have  delib¬ 
erately  suppressed  Ids  invention,  and  1ms  been 
moved  into  activity  by  the  knowledge  that  a  rival 
inventor  lias  entered  the  field,  priority  may  bo 
awarded  in  an  interference  in  favor  of  the  Inter 
inventor,  if  lie  was  diligent  aiid  was  the  first  to  dis¬ 
close  tlie  invention  to  the  public.  We  are  unable 
to  understand  how  such  decisions  can  bo  correct  in 
so  far  as  they  authorise  the  grant  of  a  patent  to  a 
later  inventor  in  the  face  of  a  prior  completion  of 
Hie  invention  by  another,  for  such  a  patent  is  an¬ 
ticipated  and,  if  of  any  force  whatever,  is  good  only 
against  the  opponent  in  the  Patent  Office,  and 
against  no  other  person  in  the  world.  Such  a 
document  is  not  a  patent  at  all  in  any  sense  of  the 
term.  And  if  patents  are  to  he  granted  to  another 
than  tlie  first  inventor,  the  statute  should  be 
amended,  not  construed,  to  that  end.  We  assume, 
however,  that  tlie  Commissioner  will  consider  him¬ 
self  bound  by  these  decisions,  and  that  we  must 
lie  satisfied  with  merely  voicing  our  protest.  A 
leading  case  on  this  subject  is  Mason  vs.  Hepburn, 
C.  D.,  1S98,  page  510,  decided  by  the  Court  of  Ap¬ 
peals  of  tlie  District  of  Columbia.  This  line  of 
decisions  is  so  well-known  that  we  need  not  go 
into  the  various  cases  in  detail.  Their  scope  and 
the  reasoning  on  which  they  are  based  is  well  ex¬ 
pressed  by  tlie  following  extract  from  the  case  of 
Mason  cs.  Hepburn,  supra: 

“Considering,  then,  this  paramount  interest 
of  the  public  in  its  bearing  upon  tlie  question 
as  presented  here,  we  think  it  imperatively  dc- 


No  argument  is  needed  to  show  that  if  the  award 
of  priority  is  to  go  to  tlie  prior  inventor  in  accord¬ 


10 

mantis  Hint  a  subsequent  inventor  of  a  new 
and  useful  manufacture  or  improvement  who 
lmd  diligently  pursued  his  labors  to  the  pro¬ 
curement  of  the  patent  in  good  faith,  and  with¬ 
out  any  knowledge  of  the  preceding  discoveries 
of  another,  shall,  as  against  that  other,  who 
lms  deliberately  concealed  the  knowledge  of  his 
invention  from  the  public,  be  regarded  as  the 
real  inventor  and  as  such  entitled  to  his  re¬ 
ward.” 

That  the  rule  of  these  cases  will  not  be  extended 
and  is  applicable  only  whore  doubt  exists  concern¬ 
ing  the  reduction  to  practice  by  the  first  inventor, 
appears  from  several  subsequent  decisions  of  the 
same  tribunal.  This,  we  think,  is  the  true  doctrine 
for  if  there  is  doubt  ns  to  the  reduction  to  practice 
by  the  party  earlier  in  the  field,  it  may  be  argued 
from  subsequent  delay  that  his  prior  work  was  no 
more  than  an  abandoned  experiment.  But  where 
no  such  doubt  exists,  we  cannot  see  how  any  tri¬ 
bunal  which  has  to  pass  on  questions  of  priority 
can  avoid  awarding  priority  of  invention  to  the 
prior  inventor.  For  example,  in  the  case  of 
McBerty  vs.  Cook,  C.  D.,  1900,  page  248,  the  same 
court  said: 

“The  facts  are  not  suflicient  to  bring  the 
case  within  the  rule  announced  iii  Mason  vs. 
Hepburn,  C.  D.,  1898,  510,  and  that  rule  will 
not  lie  extended  to  any  case  not  coming  clearly 
within  it.  The  case  falls  rather  within  the 
governing  principle  of  the  later  case  of  Rsty 
vs.  Newton,  C.  T). ,  1899,  284.  As  was  said  in 
that  case,  delay  is  often  a  potent  circumstance 
in  aid  of  a  determination  in  a  case  not  other¬ 
wise  clear  of  the  question  whether  an  invention 
had  been  successfully  reduced  to  practice  or 
had  resulted  in  nothing  more  than  an  aban¬ 
doned  experiment.  That  case  does  not  occur  in 
the  case  at  bar,  because,  ns  stated  in  the  begin¬ 
ning,  the  evidence  of  actual  and  successful  re¬ 
duction  to  practice  is  ample.” 

See  also  Brown  vs.  Blood,  105  O.  G.,  976. 


11 

There  is  no  doubt  in  this  case  about  Edison’s 
reduction  to  practice  in  1900;  for  it  is  stipulated 
(Edison’s  case,  supra)  that  “Edison  *  *  *  com¬ 
pleted  in  August,  1900,  a  complete,  full  size  kiln 
involving  the  issue,  and  immediately  after  its  con¬ 
clusion  this  kiln  was  successfully  tested”  and 
“these  operations  constituted  a  complete  reduction 
to  practice  of  the  kiln,'  in  which  was  embodied  the 
issue.”  If  we  apply  the  rule  of  McBerty  vs.  Cook, 
supra,  that  where  the  proof  of  reduction  to  practice 
by  the  earlier  inventor  is  unmistakable  tbe  award 
of  priority  must  necessarily  go  to  the  first  inventor, 
the  undoubted  proof  of  Edison’s  successful  reduc¬ 
tion  to  practice  in  lfioo  absolutely  disposes  of  the 
interference  in  favor  of  Edison. 


Edison  Disclosed  the  Invention  to  the  Public  in  1900. 

The  Examiuers-in-Ohief  devoted  considerable  dis¬ 
cussion  to  whether  the  doctrine  of  this  line  of  cases 
is  dependent  upon  an  equitable  estoppel  operating 
against  an  earlier,  negligent  inventor  and  in  favor 
of  his  more  diligent,  though  later  rival,  or  whether 
it  is  dependent  upon  forfeiture  to  the  public.  But, 
inasmuch  as  they  were  agreed  that  a  disclosure  to 
the  public  by  the  earlier  inventor  prior  to  such  dis¬ 
closure  by  the  later  inventor  would  relieve  the  for¬ 
mer  from  either  estoppel  or  forfeiture,  as  the  case 
may  be,  and  this  view  appears  to  be  fully  borne 
out  by  the  decided  cases,  we  may  confine  our  in¬ 
quiry  to  determining  whether  or  not  such  disclosure 
was  made. 

The  stipulation  which  is  the  evidence  in  the  case, 
after  describing  the  completion  and  testing  of  Edi¬ 
son’s  kiln,  resulting  in  the  reduction  to  practice  of 
the  invention  of  the  issue,  continues : 


“The  development  of  the  Edison  kiln  involved 
expenses  of  over  one  hundred  thousand  dol¬ 
lars,  and  were  witnessed  by  large  numbers  of 
employees  of  the  Edison  Laboratory  and  by 
numerous  visitors,  none  of  whom,  however, 
was  Shiner  and  his  associates.” 

The  majority  of  the  Examincrs-in-Chicf  held  that 
this  language  does  not  establish  the  fact  that  the 
numerous  visitor’s  witnessed  the  successful  testing 
of  the  invention  in  issue.  In  tills  we  believe  that 
they  arc  in  error.  In  tile  stipulated  state  of  facts, 
the  completion  and  testing  of  the  kiln  are  first  set 
out  and  then  the  resulting  reduction  to  practice. 
This  is  followed  by  the  statement  that  its  “develop¬ 
ment”  was  witnessed  by  numerous  visitors.  To  our 
mind  it  is  clear  from  the  arrangement  and  obvious 
relation  of  these  several  statements,  that,  by  the 
development  of  the  kiln  in  this  connection,  is  meant 
the  construction  and  successful  testing  which  had 
already  been  referred  to  in  the  stipulation.  With 
respect  to  inventions,  development  is  a  well  under¬ 
stood  term.  All  inventors  proceed  by  steps.  A 
device  is  first  made  and  tested  to  find  if  it  is  satis¬ 
factory,  and  if  any  defect  develops,  it  is  remedied 
by  the  making  of  changes  or  a  new  device,  and  this 
in  turn  is  again  tested  to  ascertain  whether  the 
defects  have  been  eliminated,  and  the  development 
of  an  invention  is  never  complete  until  it  has  been 
finally  tested  and  found  to  operate  successfully. 
Its  development  ends  then  and  not  until  then.  We 
do  not  say,  of  course,  that  this  particular  kiln  was 
developed  in  this  precise  way,  but  make  this  ex¬ 
planation  merely  to  show  what  is  the  •  common 
understanding  as  to  the  development  of  an  inven¬ 
tion.  We  think  that,  from  the  context  and  the  way 
in;  which  the  various  statements  in  the  stipulated 
testimony  are  arranged,  and  from  the  well  under¬ 
stood  meaning  of  the  word  “development”  os  ap¬ 
plied'  to  inventions,  it  is  clear  that  the  successful 


18 

operation  of  the  device  was  carried  on  in  public. 
Examincr-in-Chief  Mncauley’s  observation  on  this 
subject  is  as  follows:  (Decision  of  Examiners-in- 
Chief,  page  21) : 

“It  seems  fair  to  assume  that  the  develop¬ 
ment  here  referred  to  refers  to  the  preceding 
•  statement  of  the  completion  of  the  invention, 
including  the  successful  operation  thereof,  and 
in  this  view  of  the  stipulated  state  of  facts  the 
invention  was  at  that  time  placed  in  the  hands 
of  the  public.” 

Whether  or  not  the  language  of  the  stipulated 
evidence  includes  the  witnessing  of  the  successful 
operation  of  the  invention  by  visitors  at  the  Edison 
Laboratory,  it  is  clear  that  the  kiln  was  open  to  the 
inspection  of  the  public  and  that  it  was  successfully 
tested  where  the  public  had  access  to  it.  These 
facts  are  very  close  to  the  facts  in  the  case  of 
Zimmer  v.  Horton,  recently  decided  by  your  Honor, 
and  reported  in  137  O.  G.,  2210,  and  affirmed  by 
the  Court  of  Appeals  for  the  District  of  Columbia 
in  137  O.  G.,  2223.  In  that  case,  the  rule  of  Mason 
v.  Hepburn  being  invoked  against  Zimmer,  the 
Court  of  Appeals  held  that  the  fact  that  the  device 
was  tested  in  a  room  to  which  the  public  had  ac¬ 
cess,  was  a  sufficient  disclosure  to  the  public  to 
negative  any  inteution  of  suppressing  the  invention. 
The  Court  made  use  of  the  following  language : 

“As  his  (Zimmer’s)  date  of  reduction  to 
practice  is  earlier  than  the  earliest  date 
claimed  by  Horton,  he  is  entitled  to  priority 
unless  it  affirmatively  appears  that  lie  aban¬ 
doned  the  invention  or  secreted  it  and  brought 
it  to  light  after  Horton  had  given  it  to  the 
public.  Neither  of  these  conditions  is  shown 
to  have  existed.  Exhibit  C  was  for  a  period 
of  several  weeks  tested  in  a  room  to  which  the 
public  had  access.  Exhibits  D,  E  and  F 
which,  it  must  be  held,  embody  Zimmer’s  in- 


14 

volition,  wore  also  operated  in  such  n  manner 
as  to  relievo  Zimmer  and  ids  assignee  of  the 
charge  of  suppressing  the  invention.” 

Tlie  majority  of  the  Exninincrs-in-Chief,  liaving 
decided  that  the  evidence  did  not  show  that  the 
visitors  to  the  Edison  Laboratory  witnessed  a  suc¬ 
cessful  operation  of  the  device  embodying  the  in¬ 
vention,  held  that  for  that  reason  Edison  did  not 
disclose  the  invention  to  the  public  in  1900.  For 
reasons  already  given,  we  submit  that  the  evidence 
docs  show  that  the  visitors,  in  witnessing  the  de¬ 
velopment  of  tlie  kiln,  witnessed  its  successful  op¬ 
eration,  but,  if  it  be  assumed  that  witnessing  the 
development  of  tlie  kiln  did  not  extend  to  the  wit¬ 
nessing  of  its  successful  operation,  and  that  the 
visitors  only  saw  tlie  construction  of  tlie  device  and 
tlie  relation  of  its  parts,  we  submit  that  this  alone 
was  a  sufficient' disclosure  of  tlie  invention  to  tlie 
public,  particularly  in  the  light  of  tlie  fact  that  the 
evidence  shows  that  this- identical  device  was  suc- 
'  cessfully  tested  and  found  to  be  a  successful  reduc¬ 
tion  to  practice  of  tlie  invention  in  issue. 

Tlie  successful  testing  of  a  device  of  this  nature 
is  at  best  a  matter  of  deduction.  Substantially  all 
that  an  eye  witness  of  such  a  successful  operation 
of  tlie  device  would  be  able  to  see,  would  be  that 
tlie  shaft  of  the  conveyor  is  rotated  when  the  de¬ 
vice  is  put  into  operation,  and  all  the  elements 
of  the  issue  being  hidden  within  the  interior  of  the 
kiln,  they  would  not  be  open  to  inspection  nor  to 
visual  determination  of  whether  they  were  perform¬ 
ing  their  functions  or  not,  and  even  if  it  be  assumed 
that  a  window  could,  be  provided  for  observation 
from  without,  the  dense  cloud  of  smoke  and  dust  at 
an  enormously  high  temperature  in  which  these  ele¬ 
ments  would  be  enveloped  would  prevent  observa¬ 
tion  by  such  means.  It  is  only  from  calculation 
based  upon  the  amount  of  material  fed  to  the  kiln 


16 

and  tlie  amount  of  cement  clinker  produced  thereby, 
and  by  comparison  upon  such  data  with  kilns  not 
equipped  with  such  a  device,  that  any  information 
can  be  gained  as  to  whether  a  saving  is  effected  by 
tlie  use  of  the  improvement  of  tlie  issue,  and  it  must 
lie  perfectly  apparent  that  a  member  of  tlie  public 
Who  witnessed  tlie  construction  of  tlie  device  and 
knew  just  how  it  was  gotten  up,  would  know  a  great 
deal  more  about  the  invention  than  one  who  was 
merely  nil  onlooker  at  n  time  when  it  was  in  suc¬ 
cessful  operation. 

In  tlie  decisions  of  Mason  vs.  Hepburn  class,  the 
acts,  which  have  been  held  to  deprive  a  prior  in¬ 
ventor  of  the  award  of  priority  by  reason  of  what 
lias  been  accomplished  by  a  later  inventor,  are  acts 
apparently  growing  out  of  and  indicating  an  intent 
to  suppress  the  invention,  and  to  keep  knowledge 
of  it  from  the  public,  and  furthermore  the  decisions 
hold  that  ho  such  intent  will  be  presumed  even 
where  there  has  been  delay,  but  it  must  be  proved 
by  the  party  advancing  it.  This  is  perfectly  clear 
from  all  the  cases.  For  example,  in  the  case  of 
Zimmer  vs.  Horton,  just  cited,  tlie  Court  of  Ap¬ 
peals  says  that  the  earlier  inventor  is  entitled  to 
tlie  award  “unless  it  affirmatively  appears  that  he 
abandoned  the  invention  or  secreted  it  and  brought 
it  to.  light  after  Horton  (tlie  later  inventor)  had 
given  it  to  tlie  public.” 

We  have  made  diligent  search  through  tlie  re¬ 
corded  decisions  and  are  unable  anywhere  to  find 
authority  for  tile  holding  of  the  Examiners-in-Chief 
that  a  disclosure  to  tlie  public,  to  be  sufficient  to 
negative  an  intent  to  conceal  or  suppress  the  in¬ 
vention  under  tlie  rule  of  Mason  vs.  Hepburn,  must 
necessarily  consist  in  a  viewing  of  a  successful  test 
of  a  device  embodying  tlie  invention  by  members  of 
tlie  public.  It  cannot  lie  doubted  that  any  sucli  re¬ 
quirement  is  much  too  strict,  for  the  particular 


10 

kind  of  evidence  of  intent  to  suppress  or  not  to 
suppress  tiie  invention  iB  decidedly  of  minor  im¬ 
portance.  In  any  reasonable  view  of  the  matter 
any  evidence  which  will  show  what  wns  the  intent 
|  of  tiie  inventor  will  answer  the  purpose,  so  long  as 

:  that  intent  appears  with  reasonable  clearness  from 

17 

vs.  Trorllcht ,  115  Fed.  Rep.,  144;  53  C.  C.  A.,  348; 

“Abandonment  rests  upon  the  intention  of  tiie  in¬ 
ventor,  and  should  be  established  by  convincing 
evidence;”  Mast  Poos  Co.  vs.  Dempster  Mill  Co.,  82 

Fed.  Hep.,  331 ;  27  C.  C.  A.,  191. 

such  evidence. 

In  view  of  tiie  clear  weight  of  authority,  in  sub- 

In  Wullcor  on  Patents,  Fourth  Edition  (page 

stantiaily  requiring  proof  beyond  a  reasonable 

!:  125)  Mr.  Walker  states,  citing  Eastman  vs.  Eons- 

doubt  that  Edison  did  not  abandon  or  forfeit  his 

1  ton,  95  0.  G.,  2000,  a  D.  C.  App.  Case,  that  a  disclo- 

completed  invention  in  1909,  tiie  Examiners-iu- 

sure  of  an  invention  consists  in  making  it  known 

Chief  are  entirely  in  tiie  wrong.  And  if  it  be  ad- 

to  another  person  well  enougli  to  preserve  its  plan 

mitted,  ns  tiie  authorities  clearly  say  it  must  be, 

for  the  benefit  of  others  if  tiie  inventor  were  to  die 

that  Shiner,  who  asserts  such  abandonment  or  for- 

without  doing  anything  further.  In  whatever  way 

feiture  by  Edison,  must  fail  in  his  contention  or 

tiie  language  of  tiie  stipulated  statement  of  facts  is 

establish  it.  by  convincing  evidence,  tiie  only  pos- 

construed  the  disclosure  referred  to  therein  cer- 

sible  result  of  this  interference  will  he  an  award  to 

ij  tainly  meets  tiie  requirements  of  this  definition. 

,  Edison,  for  Shiner  relies  entirely  on  Edison’s  dc- 

Edison  has  therefore  affirmatively  proved  that 

lay — from  which  abandonment  or  forfeiture  cannot 

il  lie  had  no  intent  to  suppress  or  conceal  the  inven- 

lie  presumed,  even  if  Edison  presented  no  counter- 

i  tion.  Hut  he  is  not  required  to  furnish  such  proof, 

vailing  proofs — and  Edison  lias  negatived  any  such 

for  the  cases  hold  that  instead  of  the  earlier  in- 

•  intention  by  (1)  completely  and  unmistakably  re¬ 

|i  venter  being  required  to  prove  fully  and  formally 

ducing  the  invention  to  practice;  (2)  admitting 

that  he  did  not  abandon  or  forfeit  his  rights  to 

numerous  visitors  who  witnessed  tiie  development' 

the  invention,  tiie  shoe  is  on  the  other  foot,  and  he 

of  the  invention;  and  (3)  by  filing  his  application 

who  asserts  abandonment  or  forfeiture  or  suppres¬ 

without  any  knowledge  of  Shiner’s  doings. 

sion  or  concealment  of  the  invention  must  furnish 

!  affirmative  proof;  liurson  vs.  Vogel,  131  O.  G., 

The  conclusion  appears  to  us  to  be  inevitable 

942,  and  that  abandonment  is  not  to  be  presumed 

that  Edison  bad  no  intention  of  suppressing  the 

from  mere  lapse  of  time;  Rose  vs.  Clifford,  etc.,  135 

invention  and  that  he  did  disclose  the  invention  to 

O.  G.,  1301 ;  “Under  the  statute  tiie  burden  of  prov¬ 

the  public  in  1900.  Tiie  effect  of  such  disclosure 

ing  abandonment  is  on  him  who  asserts  it;  Kellogg 

is  to  entitle  Edison  to  the  award  of  priority.  In 

Co.,  vs.  International  Co.,  158  Fed.  Hep.,  104;  “Nor, 

the  words  of  the  Examiner-in-Chief  Campbell  (De¬ 

indeed,  'should  evidence  of  abandonment  rest  upon 

cision  of  Exainiuers-in-Chief,  p.  3)  “If  the  facts  re¬ 

ji  doubtful  or  controverted  inference;”  Victor  Talk- 

cited  in. the  stipulation  establish  a  disclosure  to 

;  ing  Machine  Com  gang  vs.  American  Oraphoplione 

the  public  of  his  (Edison’s)  invention  in  1900  or 

i  Co.,  140  Fed.  Hep.,  800 ;  “Clear  evidence  of  an  in¬ 

prior  to  the  advent  of  Shiner  upon  the  scene  of  in¬ 

tention  to  dedicate  an  improvement  to  the  public 

vention  there  is  of  course  an.  immediate  end  to  the 

is  indispensible  to  establish  an  abandonment;”  Ide 

dispute  between  the  parties  in  Edison’s  favor.” 

18 

Shiner’s  Work  of  1903  and  1904. 

Tho  next  stop  in  tho  history  of  this  invention 
after  wluit  was  accomplished  by  Edison  in  1900 
was  Shiner’s  work  in  1903  and  1904.  The  evidence 
shows  flint  he  conceived  the  invention  of  the  issue 
in  July  of  1903,  but  did  nothing  further  with  it 
until  1904,  not  even  disclosing  it  to  others,  and  in 
July,  1904,  lie  disclosed  it  to  others,  had  drawings 
made,  and  on  July  29th  of  that  year,  embodied  it 
in  a  kiln  of  the  Atlas  Portland  Cement  Company  at 
Northampton,  Pennsylvania,  “and  the  Kiln  was 
started  up,  with  said  invention  therein  about 
August  1,  1904,  and  worked  successfully  since  said 
date”  and  that  since  August  1,  1904,  thirty  odd 
kilns  have  hecn  modified  to  contain  the  said  inven¬ 
tion,  all  of  which  were  in  successful  operation  at 
the  time  of  making  the  stipulated  statement  of 
facts  which  was  filed  in  the  Patent  Office  on  No¬ 
vember  23,  1907. 

It  will  he  seen  that  in  Edison’s  ease  a  technical 
public  use  is  negatived  by  the  evidence  that  the 
cement  produced  in  the  use  of  the  device  of  the 
interference  issue  was  not  made  use  of  except  for 
testing  and  was  not  put  into  the  ordinary  chan¬ 
nels  of  trade.  Shiner’s  evidence  show's  nothing  as 
to  this  and  nothing  about  disclosure  to  the  public. 
It  ajipears,  therefore,  that  one  of  these  two  things 
must  be  true  of  Shiner’s  operations  in  connection 
with  his  first  kiln:  either  that  he  put  his  invention 
into  public  use  on  August  1,  1904,  by  using  it  to 
produce  cement  which  passed  into  the  ordinary 
channels  of  trade,  or  if  this  he  not  the  case,  then 
there  is  no  evidence  that  the  public  was  benefited 
in  any  way  by  his  invention,  for  it  is  certainly  true 
that  the  evidence  does  not  show  any  facts  concern¬ 
ing  his  disclosure  of  tho  invention  to  the  public  at 
that  date,  or  that  he  took  any  steps  in  that  direc¬ 


19 

tion  until  lie  filed  his  application  for  patent  in  Oc¬ 
tober  of  1900,  more  than  tw'o  years  later. 

In  our  brief  before  the  Examiners-in-Ohief,  we 
took  the  view  that  the  evidence  showed  a  public  use 
by  Shiner  because  it  did  not  negative  tho  passing  of 
the  product  of  his  August,  1904,  kiln  into  the  chan¬ 
nels  of  trade.  We  here  and  now  recede  from  that 
position,  as  w'e  are  convinced  that  while  it  may  bo 
likely  that  there  was  such  a  public  use,  the  only 
evidence  is  negative  and  not  positive,  and  posi¬ 
tive  evidence  is  necessary  to  establish  such  a  fact. 

.  As  to  the  “thirty  odd”  kilns  in  which  Shiner 
placed  the  invention  in  issue,  all  that  the  evidence 
discloses  is  that  these  kilns  'were  modified  to  em¬ 
body  the  invention  sometime  between  August  1, 
1904,  and  Nov.  23,  1907,  the  date  on  which  the 
stipulation  was  filed  in  the  Office,  rind  that  they 
were  operating  successfully  at  the  latter  date. 
Nothing  is  said  about  the  dates  on  which  these 
kilns  were  so  modified,  and  from  anything  which 
appears,  it  may  very  well  he  that  Shiner  did  not 
embody  liis  invention  in  any  of  the  thirty  odd  kilns 
until  after  both  parties  had  filed  their  applications, 
or  even  after  Shiner’s  patent  had  been  issued. 
When  the  evidence  of  Shiner  is  sifted,  therefore,  it 
appears  that  all  he  is  shown  to  have  accomplished 
before  the  date  of  the  filing  of  Edison’s  applica¬ 
tion  was  the  embodiment  of  the  invention  in  a 
single  kiln  at  the  Atlus  Cement  Works;  that  there 
is  no  evidence  whatever  that  the  public  had  any  in¬ 
formation  as  to  the  construction  or  mode  of  opera- 
,  tion  of  that  kiln,  and  that  if  the  public  did,  in  any 
way,  reap  any  benefit  from  what  was  done  at  that 
time,  it  was  by  reason  of  the  cement  made  in  the 
kiln  being  put  into  the  ordinary  channels  of  trade. 
Of  this,  as  already  stated,  there  is  no  positive  evi¬ 
dence,  but  if  the  cement  was  actually  sold  to  the 
public,  it  would  be  of  no  value  as  a  means  of  dis- 


21 


closing  tlio  invention,  for  it  would  have  no  peculiar 
characteristics  flowing  from  the  fact  that  it  was 
made  in  a  kiln  embodying  the  invention  in  issue;  it 
would  be  only  ordinary  Portlaud  cement,  with 
which  the  public  was  already  perfectly  familiar, 
the  same  as  made  in  any  other  kiln,  and  the  public 
could  have  no  possible  way  of  knowing  that  in 
manufacturing  the  particular  cement  a  slight  sav¬ 
ing  had  been  effected  by  returning  to  the  kiln  the 
material  which  would  otherwise  have  passed  out 
of  the  stack.  Shiner’s  attorney  strenuously  con¬ 
tends  that  Shiner  did  not  put  his  invention  into 
public  use,  and  if  he  is  correct  in  this,  it  must  he 
that  the  public  reaped  no  benefit  from  his  work, 
for  there  is  nothing  to  show  that  the  public,  or  any 
member  thereof,  had  any  knowledge  of  what  was 
done  by  Shiner  in  1»03  and  1904. 

It  will  be  noted  that  of  the  Exmniners-in-Chief 
who  rendered  the  decision  appealed  from,  two  are 
agreed  that  Shiner  did  not  disclose  to  the  public 
before  Edison’s  application  was  filed.  Examiner- 
in-Ghief  Campbell’s  views  on  this  point  are  to  be 
found  on  page  14,  and  Examiner-in-Chief  Macau¬ 
lay's  views  on  page  22  of  the  decision  appealed  from, 
the  latter  being  as  follows : 

“Further,  the  record  shows  that  Edison  and 
not  Shiner,  was  the  first  to  take  steps  to  place 
the  invention  before  the  public.  It  does  not 
appear  from  the  stipulation  that  Shiner  made 
any  efforts  in  this  direction  before  his  appli¬ 
cation  for  patent.  A  kiln  embodying  his  in¬ 
vention  was  operated  in  August,  1904,  and 
since  that  time  the  invention  has  been  put  in 
“thirty  odd  kilns,”  according  to  the  stipula¬ 
tion,  but  the  date  of  any  of  the  latter  is  not 
given  nor  is  it  stated  that  either  tile  first  kiln 
or  any  of  those  subsequently  modified  to  em¬ 
brace  the  invention  was  open  to  the  public.  It 
appeal's,  therefore,  that  Edison  in  filing  his  ap¬ 
plication  was -prior  to  Shiner  in  liis  efforts  to 


give  the  invention  to  the  public.  In  this  re¬ 
spect  also  his  case  differs  from  those  in  which 
'  the  doctrine  of  forfeiture  wus  successfully  in¬ 
voked.” 

In  addition  to  the  fact  that  Shiner  did  not  dis¬ 
close  the  invention  to  the  public  until  nfter  Edi¬ 
son’s  filing  date,  there  is  no  evidence  of  diligence  on 
his  part.  The  cases  uniformly  hold  that  when  a 
later  inventor  is  to  be  favored  at  the  expense  of  an 
earlier  rival  it  must  affirmatively  appear,  not  only 
that  the  earlier  was  negligent,  but  also  that  the 
later  inventor  was  in  the  exercise  of  all  due  dili¬ 
gence.  Shiner  has  failed  entirely  to  show  diligence. 
Before  Edison’s  filing  date  ho  has  shown  nothing 
more  than  a  reduction  to  practice  and  lie  allowed 
two  years  and  three  months  to  elapse  before  he 
filed  his  application.  Upon  this  showing,  how  can 
Shiner  claim  the  reward  which  is  granted  to  the 
later  inventor  only  upon  condition  that  lie  has  been 
diligent? 

Edison’s  Application ;  Shiner  Within  Rule  of  Mason 
vs.  Hepburn. 

In  this  state  of  affairs,  Edison,  in  January,  190(5, 
filed  his  application.  This  action  was  taken  by  him 
entirely  on  his  own  initiative;  he  knew  nothing  of 
Shiner’s  work,  and  it  had  nothing  to  do  with  his 
filing  the  application.  We  have  shown  that  Edison 
claimed  substantially  the  invention  of  the  issue 
from  the  filing  of  his  application, .thereby  asserting 
from  that  time  his  right  as  the  inventor  thereof. 
The  filing  of  Edison’s  application,  under  these  cir¬ 
cumstances,  affords  proof  in  addition  to  his  throw¬ 
ing  his  invention  open  to  the  public  in  1909  that 
Edison  had  no  intention  of  preventing  the  public, 
from  learning  of  liis  invention,  for  the  purpose  of 
applying  for  a  patent  is  to  disclose  the  invention  to 
the  public  and,  for  the  disclosure,  the  public  grants 


22 

back  the  exclusive  right  to  its  use  for  seventeen 
years. 

We  confidently  assert  that,  whereas  Edison  does 
not  come  within  the  reasons  lying  back  of  the  decis¬ 
ions  of  the  Mason  ex.  Hepburn  class,  for  he  evinced 
every  desire  to  give  the  public  the  benefit  of  his  in¬ 
vention,  by  throwing  bis  original  kiln  open  to  the 
inspection  of  the  public  during  its  “development” 
and  be  thereafter  filed  his  application  for  a 
patent  on  that  invention,  so  that  the  patent 
might  issue  and  the  invention  be  disclosed  to 
the  public,  and  by  these  acts  any  presumption 
which  might  arise  from  bis  delay  in  applying  for 
a  patent  that  lie  did  not  intend  to  disclose  his 
invention  to  the  public  is  effectually  negatived; 
Shiner,  on  the  other  hand,  in  view  of  the  facts 
which  are  in  evidence  in  this  ease  comes 
squarely  within  this  doctrine,  and  if  Edison  had 
stood  on  bis  filing  date  as  the  date  of  his  con¬ 
ception  and  constructive  reduction  to  practice, 
then  under  the  rule  of  these  cases,  he  would  be  en¬ 
titled  to  an  award  of  priority  in  this  proceeding, 
entirely  irrespective  of  any  work  which  he  did  be¬ 
fore  that  time. 

As  we  have  seen,  Shiner  completed  bis  invention 
in  1904,  and  reduced  it  to  practice  by  putting  it  into 
a.  kiln  which  was  started  up  on  August  1, 1904,  and 
operated  successfully  since  that  time.  (It  is  to  be 
noted  that  the  stipulation  says  “since  that  time” 
and  not  “ever  since  that  time”  or  “continuously' 
since  that  time,”  and  that  operation  for  a  single 
day  or  even  for  a  single  hour  would  come  within 
the  terms  of  the  stipulated  evidence.)  This  is  all 
that  we  need  to  consider,  for  ns  we  have  pointed 
out  already,  the  thirty  odd  kilns  referred  to  by 
Shiner  are  not-  shown  to  antedate  Edison’s  filing 
date.  As  to  Shiner’s  first  kiln,  there  is  no  evidence 
to  show  that  the  invention  of  the  issue  embodied 


23 

therein  was  disclosed  to  the  public.  Shiner,  there¬ 
fore,  stands  in  the  position  of  having  reduced  the 
invention  to  practice,  and  without  any  disclosure  to 
the  public,  having  waited  over  two  years  before  fil¬ 
ing  his  application,  while  Edison — nud  we  are 
speaking  now  only’  of  his  filing  date — completed  the 
invention  by  liliug  his  application  and  thereby  con¬ 
structively  reducing  it  to  practice  in  the  time  dur¬ 
ing  which  Shiner  was  inactive  and  without  know¬ 
ing  anything  of  Shiner’s  activities,  and  almost  a 
year  before  Shiner  filed  his  application.  It  follows, 
therefore,  that  if  Edison  were  to  roly  on  his  filing 
date,  entirely  disregarding  his  earlier  work — and 
this  earlier  work  can  only  strengthen  and  cannot 
weaken  the  case  made  by  the  filing  of  the  applica¬ 
tion, — on  the  facts  which  nre  of  evidence  and  under 
the  rule  of  Mason ■  vs.  Hepburn,  Edison  is  entitled  to 
have  priority  awarded  to  him. 

Shiner,  Being  Himself  Negligent,  Not  in  Position  to 
Urge  Edison’s  Delay. 

It  is  appellant’s  contention,  and  has  been 
throughout  the  history  of  this  case,  that  Shiner  is 
in  no  position  to  set  up  estoppel  against  Edison 
based  on  the  delay  of  the  latter,  because  he  himself 
lias  not  been  diligent  and  has  delayed  asserting 
iiis  rights.  Exnmincr-in-Chicf  Campbell  held 
(opinion  pages  10  and  17)  that 

“The  matter  of  the  right  to  the  patent  is 
not  determinable  upon  the  equities  of  the  case, 
nor  is  there  any  estoppel  of  Shiner  against  the 
estoppel  of  Edison.  But  the  right  decision  of 
the  case  turns  solely  upon  the  inquiry  whether 
an  estoppel  arose  against  Edison.” 

Examiucr-in-Chicf  Mncnuley  says  on  the  same 
topic  (opinion  page  23) : 

“It  is  also  to  be  observed  tliat  Shiner  is  also 
open  to  the  charge  of  negligence,  since  he  de- 


24 

layed  a  period  of  more  than  two  years  after  his 
■  reduction  to  practice  before  taking  any  steps 
to  place  his  invention  before  the  public.  In 
view  of  the  latter’s  remissness  in  the  same  re¬ 
spect,  lie  is  not  in  a  position  to  nrge  equitable 
estoppel  against  Edison  by  reason  of  the  de- 
.  lay  of  tlie  latter.” 

In  Kclloy  Company  vs.  International  Company, 
loS  Fed.,  104,  where  conditions  quite  similar  to 
those '  in  the  present  case  were  presented  the 
court  held  that  the  later  applicant  was  not 
in  a  position  to  assert  equitable  estoppel  against 
tlie  earlier  applicant,  because  he  himself  was 
negligent.  .  As  Edison  was  clearly  and  unmis¬ 
takably  the  first  to  complete  tbc  invention  and 
reduce  it  to  practice,  and  Shiner,  by  reason 
of  his  own  negligence,  cannot  set  up  an  equit¬ 
able  estoppel  against  Edison,  it  follows  that 
the  latter  must  prevail  by  reason  of  his  earlier  com¬ 
pletion  of  tlie  invention. 

lint  tlie  matter  of  comparing  tlie  delays  of  the 
respective  parties  goes  much  further  than  this. 
Any  rule  which  is  applied  to  one  of  tlie  parties  must 
also  in  fairness  be  applied  to  tlie  other.  The  case 
does  not  turn  solely  on  whether  there  is  an  estoppel 
against  Edison.  If  there  is  also  an  estoppel  against 
Shiner,  who  shall  say  that  it  shall  not  be  enforced? 
The  rule,  which  when  applied  by  the  Examiners-in- 
Cliief  would  rob  Edison  of  tlie  benefit  of  his  work  in 
1900  if  he  had  not  disclosed  the  invention  to  the 
public  at -  that  time,  when  applied  to  Shiner,  will 
deprive  him  of  tlie  benefit  of  his  1904  date,  and 
leave' the  parties  entirely  to  their  respective  filing 
dates,  which  at  once  disposes  of  the  case  in  Edi¬ 
son’s  favor.  Tlie  majority  of  tlie  Examiners-in- 
Cliief  say  that  when  Shiner  reduced  to  practice  in 
1904  it  was  incumbent  upon  Edison  to  excuse  his 
apparent  delay,  and  they  are  agreed  that  in  order 


25 

to  excuse  that  delay,  lie  must  show  that  lie  disclosed 
the  invention  to  the  public  in  1900  and  because 
they  held,  as  we  submit,  erroneously,  that  the 
proofs  did  not  show  such  public  disclosure,  they 
awarded  priority  to  Sliiucr.  By  parity  of  reason¬ 
ing,  when  Edison  filed  Ins  application  and  con¬ 
structively  reduced  tlie  invention  to  practice  in 
January,  1900,  it  was  incumbent  upon  Shiner  to 
excuse  his  delay  since  July,  1904,  and  in  accord¬ 
ance  with  tlie  rule  applied  to  Edison,  to  excuse  that 
delay  he  must  show  that  lie  had  disclosed  the  inven¬ 
tion  to  the  public  in  1904.  We  have  seen,  however, 
tiiat  there  is  no  proof  of  any  such  public  disclosure 
by  Shiner,  and  that  two  out  of  three  of  tlie  Exaiu- 
iners-iu-Chief  are  agreed  that  there  was  no  public 
disclosure  of  tlie  Shiner  invention  prior  to  tlie  filing 
of  Edison’s  application.  For  this  reason,  if  Edison 
is  held  not  to  have  disclosed  tlie  invention  to  the 
public  in  1900,  and  he  is  to  lose  the  advantage  of 
that  date  because  of  such  holding  coupled  with 
Shiner’s  reduction  to  practice  in  1904,  Shiner  must 
lose  tlie  advantage  of  tlie  date  of  1904  because  of  his 
failure  to  disclose  tiie  invention  to  the  public  at 
that  time  and  his  subsequent  delay  followed  by  the 
filing  of  Edison's  application.  Front  this  it  will 
be  seen  that  if  neither  party  be  held  to  have  dis¬ 
closed  tlie  invention  to  tlie  public  at  his  respective 
date  of  reduction  to  practice,  Edison  must  prevail 
by  reason  of  his  earlier  filing  date,  and  if  it  be 
found — and  tiie  facts  clearly  warrant  such  finding 
— that  Edison  disclosed  in  1900  and  Shiner  did  not 
disclose  in  1904,  then  Edison  must  prevail,  both  on 
his  work  in  1900,  and  on  his  filing  date. 

Conclusion. 

Edison  completed  the  invention  in  1900  and  at 
that  time  disclosed  it  to  tlie  public,  and  in  Janu¬ 
ary,  1900,  he  independently,  without  tlie  knowledge 


2G 

that  any  other  person  hail  entered  the  field,  filed 
his  application  for  patent.  Shiner  completed  the 
invention  in  1004,  hut  took  no  step  to  disclose  it 
to  the  public  until  lie  filed  his  application  in  Octo¬ 
ber,  100(1.  The  burden  of  proof  is  on  Shiner,  the 
later  applicant.  While  ho  lias  a  patent,  it  was  in¬ 
advertently  granted  and  does  not  affect  his  stand¬ 
ing  in  this  interference. 

The  general  rule,  which  is  always  applicable 
where  there  is  no  doubt  of  the  successful  reduction 
to  practice  by  the  first  inventor,  and  there  is  no 
snch  doubt  about  Edison’s  1000  work,  is  that  prior¬ 
ity  shall  he  awarded  to  the  first  inventor  and  under 
that  rule  Edison  is  entitled  to  the  award.  What¬ 
ever  exceptions  there  are  to  this  general  rule  re¬ 
quire  nflinmtive  proof  of  an  intent  by  the  prior 
inventor  to  suppress  or  conceal  the  invention  ;  that 
a  later  inventor  to  secure  the  award  of  priority 
must  be  diligent  and  must  be  the  first  to  disclose 
the  invention  to  the  public,  and  that  the  prior  in¬ 
ventor’s  subsequent  activity  shall  he  the  result  of 
his  knowledge  of  the  advent  of  a  rival  into  the  field; 
all  those  things  must  appear  or  the  general  rule 
stated  above  will  apply.  That  the  development  of 
Edison’s  invention  was  witnessed  by  numerous 
visitors,  that  he  subsequently  filed  his  application 
independently  of  Shiner;  that  Shiner  was  the  last 
to  disclose  the  invention  to  the  public,  and  that 
Shiner'was  not  diligent,  but  was  himself  negligent, 
negative  not  only  one,  but  all. of  the  things  neces¬ 
sary  to  bring  Edison  within  such  exceptions. 

While  Edison  permitted  a  comparatively  long 
interval  to  elapse  before  filing  his  application, 
Shiner  himself  was  likewise  negligent,  and  is  not 
in  a  position  to  urge  estoppel  against  Edison  by 
reason  of  such  delny. 

The  Examiners-in;Chief  held  that  if  Edison  dis¬ 
closed  the  invention  to  the  public  in  1900,  he  there- 


27  . 

by  excused  his  delay  from  that  date  until  Shiner’s 
activity  in  1904.  We  have  shown  that  he  did  so 
disclose  the  invention  to  the  public  in  1900,  and 
for  that  reason  lie  is  entitled  to  succeed  in  this  in¬ 
terference.  Applying  the  same  rule  to  Shiner,  ho 
was  hound  to  excuse  his  delay  from  1904  until 
Edison’s  filing  date  by  showing  a  disclosure  to  the 
public  prior  to  the  date  last  named.  He  has  not 
proven  any  such  disclosure,  and  for  this  reason, 
Edison  is  entitled  to  succeed  upon  his  filing  date 

For  these  reasons,  we  respectfully  ask  that  the 
decision  of  the  Examincrs-in-Chief  awarding  prior¬ 
ity  to  Shiner  be  reversed,  and  that  priority  be 
awarded  to  Edison. 

Respectfully  submitted, 

FRANK  L.  DYER, 
Attorney  for  Edison. 

Heiuiekt  H.  Dyke, 

Dyer  Smith, 

Of  Counsel. 


Legal  Department  Records 
Cement  -  Case  File 


Thomas  A.  Edison  and  the  North  American  Portland  Cement 
Company  v.  Alsen's  American  Portland  Cement  Works 

This  folder  contains  material  pertaining  to  the  infringement  suit  brought 
by  Edison  and  the  North  American  Portland  Cement  Co.  against  Alsen's 
American  Cement  Works  in  the  U.S.  District  Court  for  the  Southern  District 
of  New  York.  The  case  was  initiated  in  March  1908  and  involved  Edison's 
U.S.  Patent  802,631  on  long  kilns.  The  court  decided  against  Edison  and 
declared  his  patent  invalid  on  May  7,  1913.  The  following  items  from  the 
complainant's  record  and  brief  have  been  selected: 

Complainants'  Record  on  Final  Hearing 
Index 

Bill  of  Complaint 

Testimony  of  Walter  S.  Mallory  and  Emil  Herter 
Complainants'  Paper  Exhibits  44, 46-53  (Edison  drawings) 

Complainants'  Brief  on  Final  Hearing 

Summary  and  Index  of  Complainants'  Argument 


(  Bop  29 


-  Louis  IIicks,  '  .  ?  • 

Solicitor  and  Counsel  for  Complainants, 

71  Nassau  Street,  , 
Now  York,  N.  Y. 


.0 


Bill  of  complaint . 

Replication  . . 

Order  and  consent,  substituting  Louis  Hicks  as  solicitor 
for  complainants  In  place  of  Duucan  &  Duncan....  S 


COMPLAINANTS'  REBUTTAL  TESTIMONY. 


[PHOTOCOPY] 


[PHOTOCOPY] 


[PHOTOCOPY] 


COMPLAINANTS’  PAPER  EXHIBITS  (Continued). 


[PHOTOCOPY] 


[PHOTOCOPY] 


[PHOTOCOPY] 


CIRCUIT  COURT  OF  THE  UNITED  STATES, 

Southern  District  of  New  York. 

Thomas  A.  Edison  mid  North- 
American  Portland  Cement 

COMPANVj 

.Complainants, 
ayaiiiat 

Alsbn’s  American  Portland 
Cement  Works, 

Defendant. 


Bill  of  Complaint. 

TO  THE  HONORABLE  THE  JUDGES  OP 
THE  CIRCUIT  COURT  OF  THE  UNITED 
STATES  IN  AND  FOR  THE  SECOND 
CIRCUIT  AND  SOUTHERN  DISTRICT 
OF  NEW  YORK. 

THOMAS  A.  EDISON,  a  resident  of  Llewellyn  3 
Park,  Orange,  Comity  of  Essex  and  State  of  New 
Jersey,  and  a  citizen  of  New  Jersey  and  of  the 
United  States,  and  the  NORTH  AMERICAN 
PORTLAND  CEMENT  COMPANY,  a  corpora¬ 
tion  duly  organized  and  existing  under  the  laws 
of  the  State  of  New  Jersey  and  having  its  prin¬ 
cipal  office  and  being  located  in  the  City  of  New 
York,  County  and  State  of.  New  York,  and  being 
a  citizen  of  New;  Jersey  and  of  the  United  States, 
bring  this  their  bill  of  complaint  against  the 
ALSEN’S  .  AMERICAN  PORTLAND  ;  CEMENT 


4 


Bill  of  Complaint. 


2  Bill  of  Complaint. 

4  WORKS,  a  corporation  organized  and  existing 
under  the  laws  of  the  State  of  New  York  and 
of  the  United  States  and  having  a  regular  and 
established  place  of  business  in  the  Town  of 
Alsen,  County  of  Greene  and  State  of  New  York, 
and  within  the  Southern  District  of  New  York, 
and  having  there  committed  acts  of  infringement 
as  hereinafter  stated. 

And  thereupon  your  orators  complain  and  say 
that;  said  THOMAS  A.  EDISON  was  the  original, 
first  and  sole  inventor  of  certain  new  and  useful 
apparatus  for  burning  Portland  cement  clinker 
which  was  not  known  or  used  by  others  in  tins 

5  country  before  his  invention  or  discovery  thereof 
and  not  patented  or  described  in  nuy  printed 
publication  in  this  or  any  foreign  country  before 

ids  invention  or  discovery  thereof  or  more  than  4 

two  years  prior  to  Ids  application  for  United 
Staes  patent  therefor  and  not  in  public  nse  or 
on  sale  in  the  United  States  for  more  than  two 
years  prior  to  bis  said  application  and  not  pre¬ 
viously  patented  in  any  country  foreign  to  thu 
United  States  on  an  application  filed  by  him  or 
bis  legal  representatives  or  assigns  more  than 
seven  months  prior  to  his  said  application  and 
that  said  invention  had  not  been  abandoned. 

6  And  your  orators  further  show  unto  your 
Honors  that  said  Thomas  A.  Edison  being  ns 
nfoi'csaid  the  original,  first,  sole  and  true  inven¬ 
tor  of  said  apparatus  for  burning  Portland 
cement  clinker  did  upon  his  due  and  formal  ap¬ 
plication  therefor,  tiled  December  5,  1902,  in  the 
United  States  Patent  Office,  obtnin  United  States 
patent  802,631  bearing  date  October  24,  1906  on 
and  for  said  invention  in  due  form  of  law  under 

the  seal  of  the  Patent  Office  of  the  United  States,  *' 

signed  by  the  Secretary  of  the  Interior  and  by 
the  Commissioner  of  Patents,  and  duly  recorded, 


whereby  there  were  grunted  to  said  Thomas  A. 
Edison,  his  heirs  and  nssigns,  for  the  term  of 
seventeen  years  from  and  after  the  date  of  said 
patent.,  the  full  and  exclusive  right  and  liberty 
.  of  making,  using  and  selling  said  invention  os 
set  forth  in  said  patent  throughout  the  United 
States  of  America  and  the  territories  thereof,  to 
the  full  end  of  the  term  of  said  letters  patent  ns 
by  reference  to  said  patent  or  a  duly  certified 
copy  thereof  ready  here  in  court  to  be  produced 
will  more  fully  appear. 

Your  orators  further  show  unto  your  Honors 
that  a  certain  licunse  agreement  was  duly  made 
and  executed  on  or  about  August  81,  1899,  by  and 
between  said  Thomas  A.  Edison  and  the  Edison 
Portland  Cement  Company,  a  corporation  duly 
{?,  organized  nnd  existing  under  the  laws  of  the 

State  of  New  Jersey,  whereby  certain  exclusive 
license  privileges  were  granted  to  and  in  favor 
of  said  Edison  Portland  Cement  Compnny  as  by 
reference  to  said  license  agreement  or  a  duly 
certified  copy  thereof  ready  here  in  court,  to  be 
produced,  will  more  fully  appear;  and  that  sub¬ 
sequently  a  license  agreement  was  duly  made  and 
executed  on  or  about  January  0,  1908  by  and 
between  said  Thomas  A.  Edison,  said  Edison 
Portland  Cement  Company,  and  said  North 
American  Portland  Cement  Company  by  which 
said  North  American  Portland  Cement  Company 
was  granted  the  exclusive  right  to  make,  use  and 
sell  and  to  license  others  to  make,  use  and  sell  said 
inventions  in  apparatus  for  burning  Portland 
cement  clinker  and  certain  claims  and  rights  to 
damages  and  profits  for  the  unauthorized' use  of 
a  said  inventions  and  the  right  to  prosecute  suits 

'  for  the  enforcement  and  recovery  thereof,  as,  by 
reference  to  said  license  agreement  or  a  duly  cer¬ 
tified  copy  thereof,  ready  here  in  Court  to  be 


'4  Bill  of  Complaint, 

produced,  will  more  fully  appear,  whereby  your 
orators  are  the  sole  aud  exclusive  owners  of  said 
patent  802,031  and  of  the  invention  thereby 
patented,  together  with  all  claims,  demands, 
rights  and  causes  of  action,  at  law  or  in  equity, 
for  any  and  all  past  and  present  infringements 
with  full  right,  power  and  authority  to  demand, 
sue  for,  recover,  receive  and  receipt  for  the  same 
for  your  orators’  own  exclusive  use  and  benefit 
to  the  full  end  of  the  term  for  which  said  patent 
was  granted. 

Your  orators  further  show  that  your  orators 
nnd  said  Edison  Portland  Cement  Company  have 
been  to  great  trouble  and  expense  in  relation  to 
said  invention  in  order  to  introduce,  manufacture, 
sell  and  practice  the  same,  and  render  the  same 
profitable  to  themselves  and  to  the  public  and 
that  said  invention  has  been  and  is  of  great  bene¬ 
fit  and  advantage  to  the  Portland  cement,  indus¬ 
try  aud  to  tile  public  generally,  that  said  inven¬ 
tion  has  gone  into  extensive'  public  use  nnd  lias 
generally  superseded  all  prior  apparatus  for 
producing  Portland  cement  clinker  and  that  a 
large  number  of  persons  and  corporations  have 
recognized  the  exclusive  rights  of  your  orators 
to  said  inventions  and  are  using  and  have  made, 
used  nnd  sold  the  same  under  license  from  your 
orators;  and  that  your  orators  have  been  and 
are  able  to  supply  the  entire  demand  for  such 
apparatus  for  burning  Portland  cement  clinker. 

And  your  orators  further  show  on  information 
and  belief  that  they  and  their  licensees  nnd  rep¬ 
resentatives  in  interest  have  given  due  and  suffi¬ 
cient  notice  to  the  public  that  said  apparatus  for 
burning  Portland  cement  clinker  was  patented 
by  affixing  thereto  the  word  “Patented”  together 
with  tlie  date  of  said  patent  or  otherwise  giving 
notice  of  their  rights  in  relation  thereto. 


Bill  of  Complaint.  5 

Yet,  said  defendant  well  knowing  the  premises  13 
and  the  rights  secured  to  your  orators  as  afore¬ 
said,  hut  contriving,  conspiring'and  confederating 
with  other  persons  to  injure  your  orators  aud  to  , 
deprive  them  of  the  profits,  benefits  nnd  advan¬ 
tages  which  might  and  otherwise  would  accrue 
to  them  from  said  invention  has,  since  the  grant 
of  suid  patent  and  since  full  nnd  explicit  notice 
from  your- orators  of  their  rights  thereunder  nnd 
before  the  commencement  of  tills  suit  made,  used 
and  sold  and  is  still  continuing  to  make,  use  and 
sell  at  its  said  place  of  business  within  said 
district  and  elsewhere  in  said  district  and  in  the 
United  States,  apparatus  for  burning  Portland  14 
cement  clinker  embodying  the  invention,  prin¬ 
ciple  of  operation  and  claimed  combinations  of 
?  said  patent  and  in  infringement  thereof,  nnd  in 

Violation  of  your  orators'  rights  therein  and 
without  the  license,  consent  or  allowance  of  your 
orators,  and  that  said  defendant  although  fully 
advised  of  your  orators'  rights  in  the  premises 
and  warned  to  desist  from  infringement  thereof, 
threatens  to  continue  to  make,  use  and  sell  within 
said  district  and  elsewhere,  said  apparatus  for 
burning  Portland  cement  clinker  and  otherwise 
infringe  said  patent,  whereby  your  orators  have 
|  suffered  great  and  irreparable  loss,  damage  and  15 

injury  and  have  been  deprived  of  great  gains  and 
profits  which  have  been  wrongfully  aproprinted 
and  enjoyed  by  said  defendant  through  his  un¬ 
lawful  acts  and  whereby  your  orators  are  threat¬ 
ened  with  great  nnd  irreparable  future  loss, 
damage  nnd  injury. 

And  since  your  orators  can  have  no  adequate 
remedy  or  relief,  except  in  this  Court,  to  the  end 
therefore  that  said  defendant  may,  if  it  can, 
show  why  your  orators  should  not  ‘have  the 
relief  hereby  prayed,  and  may  according  to  the 


fi  Bill  of  Complaint. 

10  boat  anti  utmost  knowledge,  remembrance,  in¬ 
formation  ami  belief  of  sattl  defendant  and  ils 
ollieei's,  agents  and  servants,  full,  true,  direct  and 
perfect  answer  make  to  tiie  premises  (but  not 
under  oath,  answer  under  oath  being  hereby  ex¬ 
pressly  waived)  and  to  all  the  matters  herein¬ 
before  stuted  and  charged  us  fully  and  particu¬ 
larly  as  if  specifically  and  separately  interrogated 
as  to  each  and  every  one  of  said  matters,  and 
may  be  compelled  to  account  for  and  pay  to  your 
•  orators  the  profits  acquired  by  said  defendant' 
and  the  damages  suffered  by  your  orators  from 
tiie  aforesaid  unlawful  acts,  together  with  such 

17  increase  upon  tiie  actual  damages  as  may  seem 
to  this  Honorable  Court  fit  and  just,  according 
to  tiie  provisions  of  the  law  relating  thereto  and 

that  the  said  defendant,  its  agents,  attorneys,  ^ 

workmen,  employees  and  representatives,  and 
each  aiid  every  one  of  them,  may  be  restrained 
and  enjoined  provisionally  and  preliminary  ns 
well  as  perpetually  by  due  orders  and  injunc¬ 
tions  of  tliis  Honorable  Court  from  directly  or 
indirectly  making,  using  or  selling  or  causing 
to  be  mude,  used  or  sold  any  apparatus  in  in¬ 
fringement  of  suid  patent  and  be  ordered  to  pay 
tiie  costs  of  this  suit  and  that  your  orators  may 

18  have  such  other  and  further  relief  as  is  lust  and 
equitable  ill  the  premises. 

May  it  please  your  Honors  to  grant  to  your 
orators  the  writs  of  injunction  provisionally  ns 
well  as  perpetually  as  hereinbefore  prayed,'  and 
also  to  grant  to  your  orators  the  writ  of  subpoena 
directed  to  said  defendant  and  commanding  it 
by  a  certain  day  and  under  a  certain  penalty  to 
be  and  appear  in  this  Honorable  Court  and  then 


Bill  of  Complaint.  7 

and  there  to  answer  the  premises  and  to  abide  19 
such  order  and  decree  as  shall  be  made. 

And  your  orators  will  ever  pray,  etc. 

THOMAS  A.  EDISON  and  NORTH 
AMERICAN  PORTLAND  OEM- 
ENT  COMPANY. 

By  their  solicitors, 

Duncan  &  Duncan, 

73  Nassau  Street, 

New  York  City. 

FREDERICK  S.  DUNCAN, 

HARRY  L.  DUNCAN, 


STATE  OF  NEW  YORK,)  > 

County  of  New  York.  j  SS- 
On  this  2d  day  of  March,  1908,  before  me  per¬ 
sonally  appeared  -T.  ROGERS  MAXWELL,  who 
being  duly  sworn,  deposes  and  says  that  lie  is 
tiie  president  of  the  corporation  complninnnt; 
that  lie  lias  read  tiie  foregoing  bill  of  complaint 
and  knows  the  contents  thereof  and  that  lie 
knows  that  tiie  said  bill  of  complaint  is  true, 
except  ns  to  tiie  matters  therein  stated  to  be  al¬ 
leged  on  information  and  belief  and  as  to  those 
matters  be  verily  believes  it  to  be  true.  .21 

J.  ROGERS  MAXWELL. 
Subscribed  and  sworn  to  before  me) 
this  2d  day  of  March,  1908.  j 
J.  L.  Medler, 

Notary  Public,  Kings  Co. 

Certificate  filed  in  New  York  Co. 

[Seal.] 

Filed  March  2,  1908. 


844  Deposition  of  Walter  S.  Mallory. 


WALTER  S.  MALLORY,  a  witness  being  duly 
sworn  on  behalf  of  the  complainants,  testifies  as 
follows : 

Dinner  examination  by  Mr.  Hicks: 

Mr.  Hicks:  Complainants  offer  in  evi¬ 
dence  a  copy  of  the  letter  which  Complain¬ 
ant’s  Counsel  requested  Defendant’s  Coun- 


Dcposilion  of  Walter  S.  Mallory.  845 

set  to  produce  following  the  answer  to  Q45  2533 
of  Mr.  Mason’s  deposition  anil  the  same  is 
marked 

“Complainants’  Exhibit,  Letter  of  Decem¬ 
ber  8th,  1005,  notifying  Alsou’s  American 
Portland  Cement  Works  of  Edison  Patent 
No.  802,031.” 

Mr.  Richmond:  Objected  to  us  not  propei 
rebuttal  testimony,  und  even  if  it  be  ad¬ 
mitted  that  the  letter  was  mailed  by  Mr. 

Dyer,  nevertheless  it  is  objected  to  os  not 
constituting  proper  notice  .to  the  defendant 
as  required  by  the  statute. 

Mr.  Hicks  :  When  proof  of  the  mailing  of  2534 
a  letter  is  given,  a  presumption  arises  that 
the  letter  was  received  by  the  person  to 
whom  it  was  addressed. 

Subject  to  the  foregoing  objection  IT  IS 
STIPULATED  by  und  between  Counsel 
for  the  resepective  parties  that  if  Mr. 

Frank  L,  Dyer  were  called  to  testify 
in  this  cuusc,  be  would  testify  that  as 
attorney  for  Thomas  A.  Edison,  at  Orange, 

N.  J.  on  December  8th,  1905,  he  wrote 
and  signed  and  sent  by  the  United 
States  mail  a  letter,  a  copy  of  which  is  set 
forth  in  Complainants’  Exhibit,  Letter  of  2535 
December  8th,  1905,  just  offered  in  evidence, 
enclosed  together  with  a  copy  of  Edison 
Patent  No.  802, G31,  in  a  sealed  envelope 
with  the  postage  thereon  prepaid,  directed 
to  “Alsen’s  American  Portland  Cement 
Works,  Alsen,  near  Catskill,  New  York.”; 
and  that  this  stipulation  shall  have  the 
same  force  and  effect  as  would  the  testi¬ 
mony  of  Mr.  Dyer  if  he  were  called  upon  to 
testify  and  testified  to  the  effect  above 


84(i  Deposition  of  Walter  S.  Mallory. 

2580  Ql.  Please  state  your  name,  age,  residence  and 
occupation? 

A.  Walter  S.  Mallory,  age  51,  residence,  Easton, 
Pa.,  I  am  president  of  the  Edison  Portland  Cement 
Company,  president  of  the  Fohatcoug  Hailroad 
Company,  President  of  the  Architectural  Concrete 
Company,  vice-president  of  the  Warren  County 
Warehouse  Company,  president  of  the  North  Jer¬ 
sey  Paint  Company,  vice-president  of  the  Associa¬ 
tion  of  American  Portland  Cement  .Manufacturers, 
and  former  president  of  the  Association  of  Ameri¬ 
can  Portland  Cement  Manufacturers  during  the 
year  1910. 

2587  Q2.  Please  state  fully,  and  in  your  own  way 

what  you  know  of  the  facts  leading  to  the  installa¬ 
tion  of  the  first  two  Edison  150  foot  kilns  at  New 
Village? 

A.  In  1898  Mr.  Edison  and  1  were  engaged  in  the 
problem  of  trying  to  concentrate  low  grade  iron 
ore,  and  otir  work  was  held  up  for  the  lack  of 
money  and  we  were  commencing  to  realize  that 
the  work  of  the  previous  seven  or  eight  years  would 
probably  not  be  successful  commercially,  and  that 
the  investment  of  about  two  and  a  half  million 
dollars  would  probably  be  lost.  Of  this  amount 
Mr.  Edison  had  personally  advanced  $2,100,- 

2538  000,  and  at  this  time  the  concentrating  com¬ 
pany  had  an  indebtedness  of  about  $175,000,  iifty 
thousand  of  which  was  owed  to  our  banks  and 
$125,000  to  our  merchandise  creditors,  the  com¬ 
pany  not  having  the  money  in  hand  or  in  sight  with 
which  to  pay  its  liabilities,  and  although  Mr.  Edi¬ 
son  was  not  liable  for  the  debt  except  to  the  banks, 
and  did  not  have  the  money  in  hand  to  pay  the 
liabilities,  he  guaranteed  the  payment  of  them  all, 
and  it  took  us  about  five  years  subsequent  to  1898 
to  pay  them  in  full.  During  the  period  of  1898 
when  the  concentrating  work  was  held  up  for  the 
want  of  money,  Mr.  Edison  and  I  had  many  talks 


Deposition  of  Walter  S.  Mallory.  847 

as  to  the  best  way  in  which  to  apply  the  mechanical  2539 
devices  which  had  been  successfully  worked  out  in 
the  concentrating  experience,  and  we  decided  to 
apply  them .  to  the  manufacture  of  Fortluud  ce¬ 
ment.  In  the  concentrating  material  we  had  de¬ 
veloped  the  mining  of  raw  material  by  the  aid  of 
steum  shovels,  the  crushing  of  rocks  up  to  eight 
and  ten  tons  weight  by  the  aid  of  the  giant,  crush¬ 
ing  rolls,  the  drying  of  the  raw  material  by  the 
aid  of  a  vertical  drier  having  very  large  capacity, 
the  fine  grinding  of  the  material  by  the  aid  of  rolls, 
the  separating  of  the  finu  from  the  coarser  particles 
by  the  aid  of  air  separation,  a  system  of  conveyers 
for  carrying  the  material  to  and  from  the  various  2540 
machines,  and  when  we  first  started  to  consider  the 
manufacture  of  Portland  cement,  it  was  our  in- 
r  tention  to  use  in  connection  with  the  preceding 

described  machinery,  the  sixty  foot  kilu  which  was 
then  in  general  use.  It,  however,  did  not  take  Mr. 

Edison  very  long  to  figure  out  and  state  “the  sixty 
foot  kiln  is  a  rotten  proposition”  and  to  also  state 
“1  believe  I  can  invent  a  kilu  which  will  be  very 
much  more  efficient  in  economy  and  have  a  much 
larger  output  than  a  sixty  foot  kiln”.  Subsequent 
to  this  statement  Mr.  Edison  and  myself  hud  sev¬ 
eral  discussions  on  the  subject  of  a  sixty  foot  kiln 
and  one  day  in  my  office  he  made  the  assertion  2541 
“Mallory,  I’m  going  to  build  a  kiln  that  will  make 
a  thousand  barrels  in  twenty-four  hours”  and  lie 
showed  me  a  lead  pencil  sketch  of  a  kilu  with 
which  he  expected  to  accomplish  this  result.  As  I 
recall,  this  lead  pencil  sketch  was  shown  to  me 
about  January,  1899.  About  March  1899  we 
started  the  building  of  a  wooden  model  which,  as  I 
recall,  was  about  eight  feet  in  diameter  and  ten 
*  feet  long.  This  model  we  intended  to  represent  one 

section  of  the  proposed  kilu.  This  model  was  built 
so  it  could  be  rotated,  and  with  it  we  tried  many 
experiments  at  various  speeds  so  that  we  could 


S4S  Deposition  of  Walter  S.  Mallory. 

2542  watch  tlm  action  of  the  flow  of  botli  line  ami  coarse 
material.  At-  first  wo  used  a  lining  made  of  wood 
witli  a  plain  surface.  Subsequently  we  made 
wooden  linings  with  various  corrugated  shapes, 
and  with  these  various  shapes  we  duplicated  the 
tests  already  referred  to.  In  June  1800  Mr.  Edi¬ 
son  purchased  from  the  Lehigh  Portland  Cement: 
Company  150  barrels  ot  cement  clinker  so  that  we 
might  observe  the  action  of  the  clinker  in  the 
wooden  model  with  the  various  linings  to  which  I 
have  already  referred.  As  I  recall  in  July  1899  we 
sturted  the  erection  of  a  wooden  model  of  the  en¬ 
tire  cement  plant  which  was  built  on  the  scale  of 

2548  two  inches  to  the  foot.  The  object  of  this  model 
was  to  get  the  best  possible  arrangement  of  tbe 
machinery  and  also  to  enable  Mr.  Edison  to  make 
necessary  changes  in  the  design  before  the  final 
dru wings  were  made.  This  work  continued  through 
August  and  September  and  during  that  month 
photographs  were  made  of  the  model  of  the  kiln. 
The  photographs  to  which  I  refer  are  dated  Sep¬ 
tember  10,  September  28th,  October  7th  mid  Octo¬ 
ber  7th,  1S99  which  1  understand  have  already  been 
oll'ered  in  evidence.  After  the  model  of  the  kiln 
had  been  completed  to  the  satisfaction  of  Mr.  Edi¬ 
son,  working  drawings  were  made  and  the  cast- 

2544  ings  were  ordered  as  I  recall  in  November,  1899 
from  the  Wheeler  Engineering  and  Condensing 
Company,  Carteret,  N.  J.,  and  it  was  decided  to 
have  these  castings  together  with  the  other  neces¬ 
sary  machinery  to  operate  the  kiln  shipped  to 
Orange,  N.  J.,  so  that  we  might  erect  the  kiln  ut 
Mr.  Edison’s  laboratory,  that  all  experimental 
work  done  in  connection  with  it  might  be  done 
under  Mr.  Edison’s  personal  attention.  This  was 
thought  wise  in  spite  of  the  extra  expense  necessary 
because  the  kiln  was  so  radically  different  from  the 
existing  kilns  in  general  use.  hi  November  1899 


Deposition  of  Walter  S.  Mallory.  849 

we  engaged  tbe  services  of  Mr.  L.  II.  DcVoe  to  in-  2545 
vestignte  the  matter  of  linings  for  kilns  which  nt 
that  time  we  called  roasters.  Mr.  DeVoo  made 
trips  to  New  York,  Philadelphia,  Pittsburg,  and 
also  visited  tbe  plant  of  the  Atlas  Portland  Cement 
Company  at  Northampton,  I-a.,  to  investigate  tbe 
character  of  this  lining  then  being  used  by  the  ce¬ 
ment  company,  and  also  had  interviews  with  the 
manufacturers  of  fire  brick  us  to  the  possibility  of 
obtaining  corrugated  fire  brick  which  we  laid  de¬ 
cided  to  use  in  the  experimental  kiln.  My  recol¬ 
lection  in  this  matter  is  refreshed  by  a  letter 
from  Mr.  DcVoe  dated  January  3rd,  1900,  which 
I  hand  to  Defendant’s  Counsel  for  his  inspection.  2540 
During  March  1900  I  ordered  from  various 
manufacturers  the  necessary  machinery  con¬ 
sisting  of  gears,  bearings,  hangers,  asbestos  board, 
shafting,  etc.  etc.,  that  the  experimental  kiln  might 
be  put  in  operation  for  testing  purposes.  As  X 
recall  the  cast  iron  cylinders  were  received  ut 
Orange,  N.  J.  the  latter  part  of  February  or  curly 
in  March  1900,  and  X  linil  negotiations  with  Messrs. 
Dexheimer  &  Son,  Orange,  N.  J.  covering  the  un¬ 
loading  and  placing  the  cylinders  on  the  support¬ 
ing  wheels,  and  on  March  20th,  1900  1  made  an 
agreement  with  them  that  for  the  sum  of  8100  they 
were  to  place  the  cylinders  in  their  respective  posi-  2547 
lions  on  the  friction  or  supporting  wheels,  and  at 
the  same  time  made  a  further  arrangement  that 
for  the  additional  sum  of  8105  they  were  to  remove 
the  cylinders  from  their  bearings,  load  them  on 
the  cars  of  the  D.  U  &  W.  Hailroud  for  shipment 
to  New  Village,  N.  J.  as  soon  as  the  experimental 
work  in  connection  with  the  kiln  had  been  com¬ 
pleted.  This  is  shown  by  my  letter  of  March  20th, 

1900  to  P.  Dexheimer  &  Son,  and  also  by  our 
requisition  No.  382  of  March  20th,  1900  which 
was  forwarded  to  P.  Dexheimer  &  Son.  The  work 


of  const  '.ruction  on  the  kiln  was  continued  from 
time  to  time  through  the  year  1900  and  on  Decem¬ 
ber  llth,  1000,  I  wrote  Sir.  Darling  us  follows: 

“I  am  trying  to  got  together  material  so  the 
burner  test  can  be  made,  uiul  wish  you  would  ad¬ 
vise  me  exactly  what  you  are  doing  towards  get¬ 
ting  the  cunient  rock  ready  for  us,  and  when  you 
expect  to  be  able  to  ship  it.  Also  advise  what 
quantity  Sir.  Edison  lias  requested  you  to  ship. 
X  would  like  this  information  so  to  be  able  to  take 
it  up  with  the  Railroad  Company  and  sue  if  I  can¬ 
not  get  a  low  freight  rate.1’ 

On  December  13th,  11)00  I  wrote  Sir.  Darling  “I 
understand  that  you  have  a  lot  of  cement  bugs  on 
hand.  If  so,  please  ship  us  1000  which  we  will  use 
in  storing  the  fine  coal  for  tile  burner  experiment". 

Also  on  December  1.5th,  1900  l  wrote  Sir.  Darl¬ 
ing: 

“Yours  of  the  14th  regarding  bags  noted.  The 
coal  1ms  been  shipped,  aiul  we  are  anxious  to  get: 
grinding  at  the  earliest  possible  moment,  and 
would  prefer  tlint  you  ship  us  the  1000  bugs  as 
requested  relying  on  getting  a  thousand  second 
hand  ones  from  the  Vulcanite  People.  Please  let 
the  bags  or  a  portion  of  them  go  forward  at  once.” 

On  May  23rd,  1901  Mr.  William  Simpkin  who 
was  chief  draftsman  wrote  Mr.  Darling: 

“Since  writing  you  this  A.  M.  we  have  taken  up 
the  matter  of  the  excavation  for  the  cooler  in  the 
roaster  house  and  to-day  mail  you  two  prints 
A-415  revised  in  this  respect.  Until  we  are  through 
with  the  experimental  roaster  here  it  is  inadvis¬ 
able  to  go  any  further  than  this.” 

On  May  31st,  1901  I  wrote  Mr.  Darling: 

“The  cement  burner  Mr.  Streckel  will  return  to 
his  home  to-night.  We  have  arranged  with  him 
to  come  for  another  week  as  soon  us  we  are  ready. 
We  have  promised  him  a  full  two  weeks’  pay  and 


Deposition  of  Walter  S.  Mallory.  851 


asked  him  to  send  you  a  memorandum  of  his  ex-  2551. 
penses.  I  told  him  that  you  would  remit  promptly 
as  soon  as  same  is  received.” 

On  June  1st,  1901  1  wrote  Mr.  Darling: 

“Your  favor  of  the  31st  inst.  at  hand.  The  car 
of  cement  rock  received  here  this  morning*  and  we 
ure  now  unloading  same.  Confirming  a  telegram 
sent  you  a  few  moments  ago  which  reads  as  fol¬ 
lows:  ‘Ship  three  more  cars  crushed  Cliuu  cement 
rock.’  Tins  makes  the  total  of  four  cars  which  we 
ordered  from  you.” 

'  On  June  22ud,  1901  I  wrote  Mr.  Darling: 

“We  confirm  telegram  sent  you  at.  10.15  this  A. 

M.  as  follows:  ‘Streckel,  the  burner  says  he  can-  2552 
not  come.  Dave  you  another.’  (Signed)  Edison. 

Mr.  Streckel  in  wiring  us  says:  ‘see  letter.’  His 
letter  lias  not  yet  come  to  hand,  hut  we  have  for¬ 
warded  you  the  telegram  as  directed  by  Mr.  Edi¬ 
son,  so  you  might  be  on  the  lookout  for  auothur 
burner.  Should.  Mr.  Streckel's  letter  inform  us 
that  lie  can  come  some  other  (lay  than  Monday, 
we  will  wire  you.” 

On  July  10th,  1901,  1  wrote  Mr.  Darling: 

“We  sent  you  this  morning  the  burner  whom  you 
obtained  for  us.  We  are  not  practically  impressed 
with  his  knowledge  and  on  investigation  find  that 
lie  ran  a  burner  for  the  Vulcanite  people  a  total  2553 
of  about  six  months,  two  mouths  of  this  time 
using  oil  and  the  balance  coal.  We  were  not  im¬ 
pressed  with  his  knowledge  and  yesterday  he  got 
the  burner  so  very  hot  that  one  of  the  large  cast¬ 
ings  cracked.  There,  however,  was  a  defect  in 
the  casting’  which  probably  accounts  for  the 
trouble.  We  we  putting  on  hands  and  will  have 
the  thing  ready  in  a  few  days. 

We  are  also  fixing  the  feeding  device  so  it  can 
be  run  in  or  out  and  turn  in  any  direction  so  that 
we  can  deliver  the  coal  where  we  choose.  This 
will  take  some  days. 


852  Deposition  of  Walter  S.  Mallory. 

2554  As  to  the  results  we  obtained  in  test  of  yester¬ 
day,  we  started  in  feeding  about  14  tons  of  cement 
rock  per  hour,  using  oO  pounds  of  coal  per  barrel, 
and  the  front  end  of  the  burner  chilled  and  all  the 
cement  rock  became  fluid,  showing  wlint  an  in¬ 
tense  heat  can  lie  obtained  from  a  small  amount  of 
coal  if  it  is  powdered  lino  enough.  One  thing  wu 
are  very  sure,  that  our  estimate  of  50  pounds  of 
coni  per  barrel  of  cement  is  conservative.  We  ulso 
believe  having  the  long  clinker  none,  wo  will  be 
able  to  accomplish  the  work  with  a  very  much 
lower  temperature,  which,  of  course,  means  less 
fuel  per  barrel,  and  a  much  greater  output.  The 

2555  chances  are  the  next  time  we  start  we  will  not  get 
an  expert  here  but  feel  our  way  carefully,  ns  we 
do  not  find  them  of  very  much  value,  our  appliance 
being  so  very  much  dilT'ercnt  from  the  apparatus 
with  which  they  are  familiar. 

As  far  as  the  cracking  of  the  cylinder  is  con¬ 
cerned,  wu  do  not  attach  much  importance  to  that, 
us  wu  cun  put  bands  on  all  the  cylinders,  and  make 
them  so  strong  that  there  will  be  no  trouble  of 
cracking,  even  if  the  castings  ure  defective.” 

On  July  19th,  1001,  I  wrote  Messrs.  Pilling  & 
Crane,  Philadelphia,  Pa: 

“We  have  made  further  tests  on  the  roaster  and 

2556  find  we  are  still  Unable  to  get  the  heat  at  the  front 
end,  for  the  reason  the  guns  are  stationary  and  de¬ 
liver  the  material  too  far  up;  so  we  have  decided 
to  put  the  gun  carriage  on  a  movable  table,  so 
that  we  can  deliver  the  powdered  coal  in  the  center 
of  the  roaster  ns  at  present,  or  anywhere  along 
the  side,  top  or  bottom.  By  this  means  we  will  he 
able  to  deliver  the  coal  exactly  where  it  is  needed. 
In  our’test  we  have  been  able  to  make  clinker  with 
50  pounds  of  coal  per  barrel,  so  the  only  tiling  left 
to  be  determined  is  what  degree  of  economy  of 
fuel  and  output  we  can  get.  It  will  take  some 
days  to  make  the  change. 


Deposition  of  Walter  8.  Mallory.  853 

We  have  most  of  the  material  on  hand  and  will 
go  ahead  with  the  work  night  and  day  until  it  is 
pleted. 

Mr.  Edison  leaves  to-morrow  morning  for  Lake 
Clmtnuqua  to  take  a  very -much  needed  rest.  He 
will  be  gone  two  or  three  weeks,  but  it  has  been  ar¬ 
ranged,  however,  tliut  we  shall  go  ahead  with  the 
roaster  experiment  in  his  absence.  He  says  from 
the  experience  of  the  last  test  there  is  no  reason 
why  it  cannot  be  successfully  operated  in  his  ab¬ 
sence.” 

On  July  24th,  1001,  I  wrote  Mr.  Edison  at 
Clmtnuqua,  N.  Y. : 

“1  beg  herewith  to  enclose  cablegram  just  re¬ 
ceived  from  London  which  expluins  itself. 

We  are  pushing  ahead  on  the  gun  carriage  for 
the  roaster,  also  putting  on  straps.  I  understood 
from  you  the  last  afternoon  before  you  left,  that 
we  were  to  go  ahead  and  make  the  tests  on  the 
rooster  as  soon  us  it  was  in  working  condition, 
nnd  see  what  coiild  be  done  in  the  way  of  making 
clinker.  Mr.  Siinpkin’s  understanding  is  that  we 
are  to  simply  make  tests  with  the  fuel  and  not 
make  any  clinker.  Please  advise  your  wishes.  - 

Mr.  Darling  says  that  lie  can  get  for  us  the.  first 
burner  any  time  we  need  him.  As  I  recollect  it, 
he  was  the  most  intelligent  of  the  three  we  have 
lmd.  If  you  desire  to  have  clinker  made  in  your 
absence,  please  state  whether  we  shall  send  for 
this  burner.  We  will  be  ready  in  two  or  three 
days  to  start  up.” 

On  August  7th,  1901  I  wrote  Mr.  W.  S.  Pilling, 
treasurer  of  the  Edison  Portland  Cement  Com¬ 
pany  : 

“Replying  to  yours  of  .  the  6th  iust.,  asking  the 
condition  of  the  work  on  the  roaster,  beg  to  state 
that  during  the  last  test  which  was  made  a  few 
days  before  .Mr.  Edison  left  for  his  vacation,  we 


854  Deposition  of  Wulter  S.  Mallory. 

2660  mnde  a  small  amount  of  eliuker,  using  our  own 
raw  materials,  and  since  tliut  time  we  lmve  been 
testing  the' cement  which  was  made  from  this 
clinkor. 

We  sent  you  under  separate  cover  three 
briquettes  made  from  this  particular  lot  of  clinker. 
These  briquettes  were  exposed  to  the  air  for 
twenty-four  hours  and  had  been  in  water  since 
July  19th.  We  have  had  several  of  them  tested 
for  tensile  strength  and  they  show  up  very  well. 
The  tests  on  the  burner,  when  this  clinkor  wus 
made,  showed  that  we  had  an  immense  amount  of 
heat  and  we  fully  believe  that  the  roaster  will 

2661  give  the  capacities  that  Mr.  Edison  expects. 

During  Mr.  Edison’s  absence,  we  have  ground 
up  the  larger  quantity  of  cement  rock,  and  now 
have  about  150  tons  of  cement  rock  and  limestone, 
200  mesh  nnd  finer.  The  roaster  is  ready  for  fur¬ 
ther  test  and  we  had  intended  going  ahead  with  it, 
hut  received  word  from  Mr.  Edison  a  few  days 
since  not  to  make  the  test  until  he  returns,  as  he 
preferred  to  watch  the  action  of  the  coal  and  the 
clinker;  so  we  will  he  unable  to  do  anything  fur¬ 
ther  until  his  return.'  One  tiling  you  may  put 
down  us  certain;  the  roaster  will  make  satisfactory 
clinker  and  it  is  now  simply  a  question  of  the 

2562  minimum  amount  of  coal  per  barrel  we  can  ob¬ 
tain  and  the  maximum  output. 

We  also' know  from  tests  already  made  that  our 
cement  rock  and  limestone  will  make  a  high  grade 
of  cement,  as  you  will  see  from  the  three  briquettes 
we  send  you.  Water  discolors  the  briquettes 
some,  so  we  have  had  them  cleaned  to  show  true 
color.” 

On  August  0th,  1901  I  wrote  the  Edison  Port¬ 
land  Cement  Company,  Philadelphia,  Pa. 

“We  are  pleased  to  receive  copy  of  Mr.  Reid’s 
letter  enclosed  witli  yours  of  the  8th  inst.  We  felt 


Deposition  of  Walter  S.  Mallory.  855 

confident  that  Mr.  Reid  would  live  up  to  his  sub-  2668 
scription,  and  are  very  glad  he  has  been  so  well 
impressed. 

Regarding  burner,  we  have  150  tons  of  cement 
rock  and  limestone  all  ground  to  pass  200  mesh 
screen;  also  have  the  necessary  coal  for  burning 
and  yesterday  afternoon  lmd  the  burner  in  opera¬ 
tion,  testing  the  changes  on  the  guns  to  see  if  they 
were  all  right.  We  made  some  little  clinker  yester¬ 
day  afternoon,  but  only  a  small  lot,  as  Mr.  Edi¬ 
son  lmd  directed  us  sincu  he  has  been  away  not  to 
go  ahead  witli  the  test  until  he  returns. 

Tile  test  yesterday  afternoon  again  confirmed 
the  previous  results,  und  showed  that  we  are  able  2564 
to  get  a  very  long  clinkering  zone,  and  put  it  in 
any  part  of  the  burner  we  desire.  One  time  we 
f.  had  the  clinkering  zone  in  the  front  in  the  first 

fifteen  feet  of  the  burner  nearest  to  the  gun,  and 
subsequently  we  lmd  it  at  the  'far  end  to  such  an 
extent  that  solid  flume  came  out  of  the  smoke  stack. 

Tlie  clinker  made  yesterday  afternoon  was  of  very 
good  quality,  but,  of  course,  this  does  not  indicate 
much  as  there  was  only  a  very  small  quantity  of 
it  put  through. 

As  written  you  before,  the  only  questions  yet  to 
be  solved  are  the  minimum  quantity  of  coal  re¬ 
quired  per  barrel  of  cement,  and  the  maximum  2565 
output  of  clinker  per  hour;  as  every  time  we  have 
put  cement  rock  through  we  have  made  good 
clinker.” 

After  additional  tests  had  been  made  it  was  de¬ 
cided  to  take  down  the  kiln  and  ship  it  to  the  ce¬ 
ment  plant  at  New  Village,  N.  J.,  and  on  October 
15th,  1901  we  made  an  arrangement  with  P.  Dex- 
lieimer  &  Son,  Orange,  N.  J.  to  take  down,  cart, 

»  and  load  on  the  cars  of  the  D.  L.  &  W.  Railroad 

Company,  securely  staying  the  various  parts  same 
as  when  they  arrived  at  Orange,  N.  J.,  for  the  sum 
of  $245,  the  following  goods  to  be  covered  in  the 


Soli  Deposition  of  Walter  S.  Mallory. 

2560  above :  “Cooler  complete  with  gears,  shafts,  stands 
and  hearings,  east  iron  rings  built  in  brick  work, 
all  roaster  cylinders,  all  carrier  wheels  with  shafts 
and  hearings,  hearing  gear,  shaft,  hearings  and 
stands  for  driving  guar,  thrust  wheel  anti  stands, 
Anuington  &  Sims  engine”  as  is  shown  by  requisi¬ 
tion  8440  which  confirmed- our  letter  to  Dexheimer 
&  Son  of  October  9th,  1901.  The  original  contract 
to  which  I  have  already  testified  anti  which  is 
shown  by  my  letter  of  March  20th,  1900,  by  which 
Dexheimer  &  Son  were  to  do  the  work  for  $105, 
was  correct,  the  .difference  between  the  $245  and 
the  $105  being  represented  by  the.  additional  ma- 

2667  ehiuery  which  he  took  down  and  carted,  which  was 
not  covered  by  the  first  arrangement.  ; 

The  experimental  kiln  which  was  erected  at 
Orange,  N.  J.  was  150  feet  in  length  made  up  of 
two  sections,  100.  feet  of  Which  was  composed  of 
cast  iron  cylinders  Which  revolved,  and  50  feet  of  a 
brick  chamber  containing  paddles  which  were  me¬ 
chanically  operated  so  as  to  convey  the  raw  ma¬ 
terial  into  the  revolving  part  of  the  kiln.  When 
the  experimental  kiln  was  shipped  to  New  Village 
for  erection  at  the  cement  plant  we  ordered  addi¬ 
tional  cast  iron  cylinders  to  make  its  length  150 
feet,  all  of  which  was  to  revolve,  and  at  about  the 

2568  same  time  we  ordered  a  second  kiln  150  feet  in 
length.  When  these  kilns  were  put  in  operation, 
and  I  would  report  to  Mr.  Edison  that  we  had  ob¬ 
tained  an  output  of  from  450  to  550  barrels  per 
day  lie  would  be  very  much  disappointed,  and 
would  say  to  me  that  we  were  not  beginning  to  get 
anything  like  the  capacity  of  the  kilns,  and  I  would 
return  to  the  cement  plant  with  the  determination, 
if  possible,  to  have  the  output  increased.  As  we 
had  more  experience  with  the  operation  of  the  kiln 
we  were  enabled  to  get  the  outputs  up  to  700  and 
800  barrels  per  day,  and  each,  time  I  would  report 


Deposition  of  Walter  S.  Mallory.  857 

the  result  to  Mr.  Edison  he  would  always  insist  2509 
that  a  much  larger  capacity  was  possible.  Finally, 
after  a  good  many  trials,  we  were  enabled  to  obtain 
nn  output  of  1000  barrels  in  24  hours,  thus  making 
good  Mr.  Edison’s  prediction  when  he  first  started 
at  work  on  the  kiln.  In  connection  with  the  kiln 
work,  nnd  in  my  contact  with  the  cement  manu¬ 
facturers  and  some  of  our  own  stock  holders,  dur¬ 
ing  the  development  and  experimental  period  of 
the  work,  I  had  many  discussions  nnd  arguments 
as  to  the  probability  of  the  kiln  being  successful 
and  at  first  1  was  somewhat/  skeptical  that  Mr.  Edi¬ 
son  would  be  able  to  obtain  a  large  increase  in  out¬ 
put  which  he  expected,  but  after  the  early  tests  2570 
I  was  convinced  that  he  was  right.  I  recall  one  of 
our  stockholders  stating  to  me  that  some  friend 
who  was  interested  in  the  manufacture  of  cement 
stated  to  him  that  the  Edison  kiln  could  never  be  a 
success,  that  if  it  could  be  made  to  run  mechanic¬ 
ally  it  was  doubtful  that  clinker  could  be  pro¬ 
duced  in  it,  and  if  clinker  was  produced 
in  it,  that  it  would  not  be  of  good  quality, 
and  the  stockholder  asked  me  if  I  was  sure  that 
we  were  on  the  right  track,  nnd  were  warranted  in 
making  the  large  investment  necessary  in  install¬ 
ing  two  kilns  each  of  150  feet  in  length,  and  I  told 
him  that  I  had  no  question  as  to  the  ultimate  out-  2671 
come,  that  from  the  results' Of  the  tests  I  felt  that 
Mr.  Edison’s  expectations  would  he  realized  and 
that  the  future  would  prove  that  Mr.  Edison  had 
made  a  great  invention  which  would  ultimately 
be  recognized  as  such  by  the  cement  industry  as 
a  whole,  and  such  lias  proven  to  he  the  case. 

Mn.  Richmond  :  Objected  to  as  largely 
secondary,  and  therefore  incompetent. 

Mu.  Hicks:  -  The  objection  upon  the 
ground  that  the  answer  of  the  witness  is 
largely  secondary  is  so  indefinite  that  Com- 


858 


Disposition  of  Walter  S.  Mallory. 

2572  pluinants’  Counsel  can  make  no  application 

of  tlic  objection  to  any  specific  part  of  the 
answer.  If  tile  objection  is  made  specific, 
Complainants’  Counsel  will  meet  the  objec¬ 
tion  by  further  testimony. 

ltECKSS. 


(AFTJSB  ltECKSS) 

Mb.  Richmond:  Attention  is  directed  to 
the  following;  TUrougbont  the  answer  allu¬ 
sions  are  made  to  what  Mr.  Edison  real¬ 
ized,  or  intended,  or  figured  out,  or  said.  On 
these  mutters  it  is  believed  that  Mr.  Edj- 
son  would  be  the  most  competent  witness. 
See  also  reference  to  the  lead  pencil  sketch, 
(typewritten  page  944,  line  G),  Mr.  DeVoe’s 
investigation  (top  of  typewritten  page  940), 
quotations  from  letters  (typewritten  pages 
947,  948,  949,  950,  951,  952,  953,  954),  ar¬ 
rangement  with  Dexheimer  (typewritten 
page  955,  line  4),  contract  and  letter  .(same 
page,  lines  15  to  17),  Mr.  Edison’s  disap¬ 
pointment  and  what  he  would' say  (type¬ 
written  page  950,  lines  11,  12,  18,  19, 
22),  discussions  and  arguments  (typewrit¬ 
ten  page  957,  line  2),  statement  by  stock¬ 
holder  (same  page,  line  7)  question  by 
stockholder  (same  page,  line  13)  alleged 
recognition  that  Mr.  Edison  had  made  a 
great  invention  (same  page,  line  22). 

Mu.  Hicks:  The  witness  is  us  competent 
a  witness  as  Mr.  Edison  to  prove  what  Mr. 
Edison  did  or  said  or  intended  within  the 
knowledge  of  the  witness.  As  to  the  pencil 
sketch,  it  will  be  offered  in  evidence.  As 
to  DeVoe’s  investigation,  the  witness  has 
testified  from  his  direct  knowledge.  As  to 


Deposition  of  Walter  S.  Mallory.  859 

quotations  from  letters,  the  letters  have  2575 
been  set  forth  in  full  und  will  be  offered  in 
evidence  if  Counsel  for  Defendant  so  de¬ 
sires.  The  subject  matter  of  the  letters  is 
confirmed  by  the  witness’s  testimony  and 
reference  to  ■  the  letters  wus  made  in  con¬ 
firmation  of  the  recollection  of  the  witness. 

Q3.  Referring  to  the  letters  of  December  lltli, 

13th,  and  15th  1900  and  May  23,  31,  June  1,  22, 

July  1G,  19,  24,  and  August  7,  9,  1901,  which  you 
rend  into  your  answer  to  the  last  question,  please 
state  whether  you  read  in  to  your  answer  the  entire 
contents  of  each  of  those  letters?  „g70 

A.  Yes.  ' 

Q4.  I  show  you  letters  dated  Murcli  3,  5,  7,  12, 

14,  15,  15,  20,  20,  21,  2G,  26,  26,  27,  27,  27,  29,  29, 
und  April  4,  5,  and  June  19,  1900,  and  ask  you  to 
state  whether,  to  your  knowledge,  those  letters  were 
written  at  their  respective  dates? 

A.  I  believe  that  they  were. 

Q5.  I  also  show  you  letters  dated  July  10,  Au¬ 
gust  28,  October  5,  December  17,  1901  and  .April  19 
and  July  16,  1902,  and  ask  you  to  state  whether 
the  said  letters  were  written  at  their  respective 
dates? 

A.  I  believe  that  they  were.  . 

Q6.  In  what  form  are  the  letters  enumerated  in  2677 
Q3  and  set  forth  ill  your  answer  to  Q2,  and  the 
letters  enumerated  in  Qs  4  and  5? 

A.  All  the  letters  to  which  you  refer  are  letter 
press  copies  of  the  original  letters. 

Q7.  Do  you  know  whether  those  letters  are  cor¬ 
rectly  copied  in  the  letter  press  book? 

A.  I  believe  that  they  are. 

Q8.  Do  you  know  whether  the  facts  are  cor¬ 
rectly  set  forth  in  those  letters? 

Mu.  Richmond:  Objected  to  as  leading. 


Deposition  of  Walter  S.  .Mallory. 

Jin.  Hicks  :  The  witness  1ms  already  tes¬ 
tified  that  lie  wrote  or  received  the  more 
pertinent  of  the  letters,  and  has  quoted  them 
in  full. 

A.  Yes,  so  far  as  my  understanding  of  the  sub¬ 
ject  matter  at  the  time  they  were  written. 

QD.  Did  the  transactions  referred  to  in  the  let¬ 
ters  take  place,  to  your  knowledge,  at  the  times 
indicated  m  tiie  letters; 

Jilt.  Uiohmond:  Same  objection. 

A.  Yes. 

QJO.  Refreshing  your  recollection  from  those 
letters,  contained  in  the  letter  press  book,  can 
yqu  testify  ns  to  whether  or  not  the  transactions 
mentioned  in  the  letters  took  place  at  the  dates 
indicated  in  the  letters? 

Jin.  Richmond:  Same  objection. 

A.  Yes. 

Qll.  Please  state  then  whether  the  transactions 
mentioned  in  the  letters  took  place  at  the  dates  indi¬ 
cated  in  the  letters. 

Jla.  Richmond:  Same  objection. 

A.  I  believe  that,  they  did. 


8(10 

2578 


Jla.  Hicks:  Complainants  offer  in  evi¬ 
dence  the  letters  quoted  by  the  witness  in 
his  answer  to  Q2  and  mentioned  in  Q3; 

Complainants  also  offer  in  evidence  the 
letters  mentioned  in  Qs  4  and  5,  and  the 
same  are  marked 

“Complainants’  Exhibit,  correspondence 
produced  by  Jlr.  JIallory  relating  to  the 
installation  of  the  roaster  at  the  Edison 
laboratory,  West  Orange,  and  at  the  New 
Village  Plant.” 


of  Walter  S.  JIallory. 


801 


Deposition 
IT  IS  STIPULATED 


Counsel  2581 


for  tiie  respective  parties  that  copies  of  the 
letters  comprising  the  foregoing  exhibit  may 
be  substituted  for  the  letter  press  book  cop¬ 
ies  and  marked  ns  above  indicated,  subject 
to  correction  by  comparison  with  the  letter 
press  hook  copies  at  any  time  which  will 
be  produced  by  Complainants'  Counsel  upon 
reasonable  notice  from  Defendant’s  Coun- 


Q12.  Can  you  produce  the  lead  pencil  sketch 
which,  in  answer  to  Q2,  you  say  Jlr.  Edison  exhib¬ 
ited  to  yon  in  your  office  about  January,  1899?  2582 

JIu.  Richmond  :  Objected  to  as  secondary 
and  incompetent;  it  is  believed  that  the 
man  who  showed  the  sketch  is  the  most  com¬ 
petent  to  testify  in  regard  to  it. 

A.  1  believe  that  I  can. 

Q13.  Please  do  so. 

A.  I  believe  this  to  lie  tiie  lead  pencil  sketch 
which  he  allowed  me  at  that  time. 

Q14.  This  sketch  sets  forth  certain  legends  such 
as  “90 — lined  witli  shaped  brick  6  thick — lined 
single  fire  brick — dia  outside  7  ft.”  and  others. 

In  whose  handwriting  are  these  legends  and  in  2688 
whose  drawing  is  tiie  sketch? 

A.  I  should  say  that  in  all  but  two  cases  the 
handwriting  is  that  of  Jlr.  Edison,  and  the  draw¬ 
ing  was  made  by  Jlr.  Edison. 

Q15.  What  are  the  two  cases  where  the  hand¬ 
writing  is  not  Jlr.  Edison’s? 

A.  “Stnck  5  feet  inside  of  lining”,  and  “flange 
2l/a  inches  thick,  5  inches”. 

Q16.  Can  you  say  in  whose  handwriting  these 
two  legends  are? 


SG2  Deposition  of  Walter  S.  Mallory. 


2584  A.  I  believe  it  to  be  the  handwriting  of  Mr. 
Emil  llerter. 

Jin.  Hioks:  The  sketch  produced  by  the 
witness  is  ottered  in  evidence  and  marked 

"Conipluinuiuts'  Exhibit.  Edison  Sketch 
No.  1,  January  180!)”. 

Jilt.  Richmond:  Same  objection. 

Jilt.  Hicks:  The  witness  who  suw  the 
sketch  and  received  Jlr.  Edison’s  statement 
in  regard  to  it  is  ns  competent  to  testify 
in  regard  to  it  ns  Jlr.  Edison  who  made  the 
sketch. 

2685  Q17.  Referring  to  the  four  blueprint  photo¬ 

graphs  of  September  ltitli  and  28tb  and  October 
7th  and  October  7th,  1899,  can  you  state  what 
length  each  suction  of  the  rotary  parts  of  the 
two' model  kilns  was  intended  to  represent,  accord¬ 
ing  to  the  scale  of  two  inches  to  a  foot,  which  you 
have  already  given? 

A.  Ten  feet,  except  in  the  case  of  the  end  sec¬ 
tions  which  were  each  five  feet. 

Q18.  in  your  answer  to  Q2  you  say  that  the 
experimental  kiln  which  was  erected  at  Orange. 
N.  J.  was  150  feet  in  length  made  up  of  two  sec¬ 
tions,  100  feet  of  which  was  composed  of  cast 
2680  j,.on  cylinders  which  revolved  and  50  feet  of  a  brick 
chamber  containing  paddles,  which  were  mechani¬ 
cally  operated  so  as  to  convey  the  raw  material 
into  the  revolving  part  of  the  kiln.  Please  refer  to 
the  book  of  photographs  and  state  whether  you  find 
this  150  foot  kiln  shown  by  any  of  the  photo¬ 
graphs?  f  . 

A.  The  second  and  third  of  the  photographs 
marked  April  1st  1900  show  the  150  foot  kiln  to 
which  I  have  referred,  and  I  also  find  that  the 
first  photograph  dated  April  1st,  1900  shows  the 
150  foot  kiln  already  referred  to. 


i 


Deposition  of  Walter  S.  Jlallory.  803 
Q19.  Please  look  at  the  photograph  marked 
"Roaster — Fob.  4-02”,  and  state  what  it  shows? 

A.  It  shows  the  150  foot  kiln  built  of  cast  iron 
sections  for  its  full  length  as  erected  at  the  ce¬ 
ment  plant  at  New  Village,  N.  J. 

Q20.  Do  you  recollect  the  number  of  this  kiln 
at  the  New  Village  plant? 

A.  i  believe  it  to  be  the  kiln  which  we  call 
No.  1  erected  at  the  New  Village  plant. 

Q21.  And  did  kiln  No.  1  of  that  date  (Feb. 

4  1902)  include  any  part  of  the  experimental 
kiln  set  up  at  Jlr.  Edison’s  laboratory  at  West 
Orange? 

Jin.  Richmond:  Objected  to  as  lending. 

A.  100  feet  of  it  was  composed  of  the  same  sec- 
tions  tis  those  used  at.  Jlr.  Edison’s  laboratory  at  j 

Orange,  N.  J.  j; 

Q22.  When  was  it  that  the  100  feet,  constituting  | 

the  rotary  part  of  the  laboratory  experimental  (|  ' 

kiln  were  shipped  from  the  laboratory  to  New 
Village? 

A.  About,  October,  1901.  [ 

Q23.  Please  state  who  caused  this  book  of  pho¬ 
tographs  to  be  made  up,  referring  to  the  book  con¬ 
taining  the  four  blueprint  photographs  and  the  2f.g9 

three  photographs  dated  April  1st,  1900,  and  the  | 

photograph  dated  February  4,  1902,  mentioned  in 

the  questions  just,  put  to  you?  f);, 

A.  The  book  was  made  under  my  direction.  .  !j 

Q24.  The  book  contains  apparently  100  photo¬ 
graphs  or  so.  What  have  you  to  say  in  regard  :j; ‘V; 

to  the  arrangement  of  those  photographs  with  re¬ 
spect  to  time? 

A.  When  the  book  was  started  it  was  the  inten-  V?- 

tion  to  have  photographs  taken  from  time  to  time  nj: 

so  that  we  might,  have  a  series  of  pictures  in  con-  !|| 

socutive  order  showing  the  progress  of  the  work.  S 


8(14  Disposition  of  Will  I  or  S.  Mallory. 

2(500  Q2B.  Doos  each  photograph  boat-  a  (lute? 

A.  They  do,  except  13  between  the  period  of 
April.  1st,  1000  and  Slay  31st,  1900. 

(J2(i.  Do  Hie  thirteen  which  have  no  dates  ap¬ 
pear  to  lie  in  their  proper  place  chronologically? 

SI. a.  ItiGUMOXu:  Objected  to. us  leading. 

Mu.  Hicks:  The  witness  may  say  that 
they  do  not. 

A.  They  do.  as  they  relate  to  the  opening  of 
our  quarry  and  tlio  excavation  of  a  rock  crusher, 
drier,  and  rock  stock  houses,  which  were  among  the  - 
first  construction  work  which  we  did. 

•2591  Q27.  Now,  since  you  have  examined  the  photo¬ 

graphs  in  the  hook  with  regard  to  the  chronologi¬ 
cal  order  thereof,  and  the  (lutes  thereof,  please 
state  whether  or  not  the  photographs  appear  in  « 

tlie  hook  in  chronological  order? 

A.  They  do. 

Q28.  The  first  three  photographs  dated  April 
1st,  1900,  which  have  been  ottered  m  evidence  and 
to  which  you  have  referred,  have  the  date  April 
1st,  1900  written  thereon.  Please  state  whether 
that  (late  is  correct  for  each  of  these  three  pho¬ 
tographs? 

A.  I  believe  it  is  correct. 

2592  Q29.  How  did  it  come  about  that  the  dates 

were  put  upon  all  of  these  photographs  contained 
in  this  book,  excepting  the  thirteen  which  are 
without  dates? 

A.  The  photographs  taken  at  Orange  were  dated 
in  accordance  with  my  instructions,  and  the  first 
thirteen  photographs  taken  at  the  cement  plant  at 
New  Village,  N.  J.  were  received  without  being 
dated.  I  then  gave  instructions  to  have  all  subse¬ 
quent  photographs  sent  to  us  with  the  dates  on. 

Q30.  .Were  these  photographs  pnsted  in  the  book 


Deposition  of  Walter- S.  Mallory.  805 

all  at  once,  or- what  is  tlio  fnct-with-regard' to  the  2503 
pasting  of  the  photographs- in  the  book?.-:  ■  ■■■•  ■ 

A.  They  -were  posted  -in  the  book  from  time  to 
time  us  fast  as  we  received  them,  so  that  we  might 
have  at  all  times  a  pictorial  record  of  the  progress 
of -the  construction  of  the  plant. 

Q31.  Where  were  you  during  the  time  that  you 
wrote  and  received  the  letters  which  you  have  pro¬ 
duced,  and  some  of  which  -you  have  quoted  in 
answer  to  Q2? 

A.  At  that  time  1  made  my  headquarters  at  the 
JSdison  laboratory',  Orange,  N.  J. 

:  (232.  And  where  was  Mr.  E;  A.  Darling  during 
the  same  time?  "  '  2594 

A:  Tlie -early  part  of  the  period  lie  was  also 
located  at1  the  'Edison  laboratory,-  Orange,  N.  Jq 
O  and  I  believe  Mr.  Darling  was  located-  at  the  ce¬ 

ment  plant  at  New  Village,  N.  J,.the  larger  portion 
bf  his  time  after  about  June  1st,  1900. 

:  Q83.  Did  you  preserve  any  of  the  clinker  or 
cement  made-  during  the  trials  of  tlie  experimental 
roaster  at  the  laboratory  ;•  and  if  so,  please  produiie 
and  describe  the1  same.-'  •••!.*  "  1 

•  A.  I  did.  i-I'  preserved  some  •clinker  >in«ian<>eir- 
voldpe- marked  '.‘first  dlinker  made  at  Orange,  July 
15th,  1901’.”1  This  clinker  was  kept  in  tlie  envelope  260g 
in  "my  desk1  n't  O range;  N.  -J:: until  quite  recently 
when-  I'-’put-it  in  ii‘  glnssrhottlc  to  forward  it ’ to 
Mr;  I-Iicks.  <1  also  preserved  a  sample' of  tlie  ('first 
cen lent  made  from  our  rock  and  put- through  the 
roaster  bit '  Orange”,  °NA  J.  I-  also  preserved  ri 
briquette  1  made  from  'the  '  cement-  which  -was 
ground  from  tlie  first  clinker  made  at  Orange,  N.  J. 

.  -Q34;)-I  understand -that  tlie  cement1  contained 
0  in  the  bottle#  produced  :-by  you'" which' :  is;  labeled 

“first  cement  made  from  ‘  our  duck^-and 'through 
roaster  at  Orange”  and  “cement — 1st  burning — 
7-15-01”  followed  by  an  analysis  of  tlie  ingrodi- 


ouo  imposition. or  w  aiter  s.  .unnory. 

mils  ami  “test  a  days  2110  lbs.",'  ami.. the  .briquette 
|ir<alm:eil  by  you  labeled  “made  from- llrst  elinker 
made,  at;  Orange—' 7-1  B-.l .1101 ",  and.  “7-22-111— 200 
lbs.  3  days''  were  made  from  the  elinker  produced 
at  the  time  of  the  trial  when  the  elinker  labeled 
“llrst  elinker  made,  at  .Orange,  duly  15,  1001".  was 
made.  Is  this  correct?... 

A.  Yes. , 

.  Q35.  In  whose  writing  are  the  labels  .on  those 
three  specimens  of  elinker,  cement  and  briquette; 
and  ’when,  were  the  labels  made?  ' 

A.  The  writing  on  the  envelope  “first,  elinker 
made  ut  Orange,  July  15,  1001"  the  label  on  thu 
cement  "first  cement  made  from  our  rock  and 
through  roaster,  at  Orange,"  N.  J.,  and  the  label 
on  the  briquette  “made  from  first. clinker  made  nt 
Orange  705-1001”  are  in  my  handwriting,  and  were  # 

made  at  the  dates  given.  The  label  on  tbe  bottle  con¬ 
taining  the  cement,  “cement  1st  burning  7-15-01” 
giving  nn  analysis  of  the  cement  and  also  “test 
8:dnys!2pp  lbs.”,  also  the  lead  pencii marking  on 
the  ..briquette,  of  “7-22-01  200  lbs.  3 .  days,” ,  were 
made  as  I  recall  by  the  chemist  who  made  the 
analysis  und-conductcd  the;  physical  tests;  .The 
physical  test  was  undoubtedly  made  on  July  22nd, 

1901.  and  the  chemical  analyses  were  undoubtedly 
made- immediately  after  July  15th,  1901.  ....  , 

Q86:  Have  you  any  information  with  roirnrd  :t.o 


Deposition  of  Walter  S,  Mallory. 


80T 

October  1.2th,  1912.  25 

In  reply  to  your  letter  of  October  10th,  the 
following  is  a  statement  of  the  number  of  rotary 
kilns  reported  to  the  survey  used  in '  the  manu¬ 
facture  of  Portland  cement  m  the  Dnited  States 
from  1900  to  1911: 

1900  1907  1908.1909.1910  1911 
Under  101)  ft.  580  501  545  555  ,418  357 

100  ft.  and  over  257  344  389  375  482  559 


Total:—  843  905  934  '  930  900  910 

Mn.  Richmond:  Objected  to  ns  second- 
ary  nml  incompetent. 

Mr,  I-Iioks:  Complainants  offer  in  evi¬ 
dence  the  clinker,  cement,  and  briquette 
produced  by  the  witness,  and  the  same  are 
marked  us  follows: 

Complainants’  Exhibit,  First  clinker 
made  at  Orange,  July  15th,  1901; 

Complainants’  Exhibit,  First  cement 
made  at  Orange  from  New  Village  rock, 

,,,  July  15th,  1901;  . 

Complainants’  Exhibit,  Briquette  made 
from  Orst  clinker  made  at  Orange,  July 

15th,  1901.  .  20 

Adjourned  to  October  17th.  1912  nt  in -an  A  \r 


'  Mot  pursuant, to  adjournment. 

Ih'esemt  :  Parties  as  before. 

WALTER  S.  MALLORY,  resumes  the  stand. 
Dinner  examination  continue  ns  jin.  Hicks: 

'  Q37.  At  the  time  of  the  experimental  work  at 
Orange  or  when  the  first,  two  ISO  foot  kilns  were 
installed  at  New  Village,  did  yon  learn  anything 
about  the  cement  output  and  fuel  consumption  of 
sixty  foot  kilns  in  use? 

A.,  Yes. 

Q38.  Please  state  the  source  .of  your,  informa¬ 
tion,  and  what  it  was? 

,A.  1  obtained  the  information  from  reading  out 
of  pamphlets  or’boo'ks  on  the  subject  of  the  manu¬ 
facture  of  cement,  and  also  from,  discussion  with 
some  of  they  manufacturers.  As  1  recall  the  out¬ 
put1  ranged  froni  150,  barrels',  to  300  barrels  in 
t  wenty-four  hours,  and  '.tlie  cVmi  coiisui.njtHon  from 
l|j0  pounds  to  lot)  pounds  per  barrel.  . 

Jin.  Richmond  :  Objected  to  as  secondary. 
'>;Q3i).;\Vlien  \vas  'the  Edison  Portland  Cement 
Gotiipfuiy' incorporated? 

A.  June  3rd,  IS!)!),  in  the  Stale  of  New  Jersey, 
r  Q40,  -While  the  experimental  work:  on  tlie'  kiln 
was  being  carried  on  by  Mr.  Edison  at  bis  labora¬ 
tory  at  West  Orange,  and  up  to  tlie  time  that  the 
rotary  part  of  the  experimental  kiln  was  shipped 
from  the  laboratory  to  New  Village  in  the  Pall  of 
1001,  wlmt  was  being  done  with  regard  to  a  cement 
plant  at  New  Village? 

A,  \Ye  were  getting  out  tlie  detail  plans  and 
erecting  the  buildings,  and  ordering  tlie  machinery 
for  various  parts  of  the  plant,  such  as  rock  crusher, 
drier,  stock  houses,  air  separator  bouses,  roll 


Deposition  of  Whiter  S.  Jfallory.  8(19 

houses,  and  so  forth,  and  also  installing  the  neces-  2606 
sary  machinery  in  these  particular  houses. 

Q41.  With  regard  to  the  kiln  itself,  was  any¬ 
thing  done  at  New  Village  before  the  rotary  part 
of  the  experimental  kiln  wns  shipped  from  the 
laboratory? 

A.  No. 

Q42.  Can  you  give  any  statement  as  to  the  prox¬ 
imate  cost  of  the  making  of  the  invention  of  tlie 
Edison  kiln  upwards  of  100  feet  in  length  de¬ 
scribed  in  the  patent  in  suit  No.  802,031? 

Mu.  Richmond:  Objected  to  as  somewhat 
vague  and  indefinite. 

Jilt.  Hicks:  So  is  the  objection.  2000 

A.  If  you  mean  the  cost  of  the  kiln  including 
tlie  work  of  development  I  would  say  that  approx¬ 
imately  it  cost  seventy-five  to  a  hundred  thousand 
dollars. 

Q43.  is  the  experimental  work  at  the  laboratory 
at  West  Orange  included  in  the  “work  of  develop¬ 
ment”? 

Jin.  Richmond:  Same  objection. 

A.  Yes. 

Q44.  Has  there  been,  to  your  knowledge  any  ac¬ 
quiescence  among  manufacturers  of  Portland  ce¬ 
ment  in  this  country  in  the  validity  of  the  Edison 
patent  in  suit  No.  802631? 

A.  Yes.  License  agreements  have  been  granted 
by  Mr.  Edison  to  about  a  half  a  dozen  of  the  larger 
cement  companies.  The  companies  to  which  I 
refer  are  the  Atlas  Portland  Cement  Company,  the 
Lehigh  Portland  Cement  Company,  American 
Portland  Cement  Company,  Vulcanite  Portland 
Cement  Company,  Alpha  Portland  Cement;  Com¬ 
pany,  Lawrence  Portland  Cement  Company  and 
tlie  Edison  Portland  Cement  Company. 


870  Deposition  of  Walter  S.  Mallory. 

2008  Q45.  Hag  tlie  price  of  cement  fallen  or  rigen 

since  the  Edison  kilns  upwards  of  100  feet  in 
length  went  into  general  use? 

A.  It  lias  fallen. 

Q46.  Can  you  give  any  reason  for  the  fall  in  the 
market  price  of  Portland  cement  since  the  Edison 
long  kiln  went  into  general  use? 

A.  The  industry  hus  had  a  capacity  during  a 
portion  of  that  time  to  produce  more  cement  than 
the  market  demanded. 

Q47.  Do  you  mean  that  the  cement  producing 
capacity  of  the  country  Ims  increased? 

A.  Yes. 

2000  Q48.  And  wluit  had  caused  the  increase  of  the 

cement  producing  capacity? 

A.  Larger  outputs  from  the  kilns,  and  new 
plants. 

Q40.  Why  have  the  kilns  produced  a  larger  out¬ 
put? 

A.  Because  there  hus  been  a  great  increase  in 
the  number  of  kilns  in  excess  of  100  feet  in  length. 

Mu.  Hicks:  Complainants  oii'er  in  evi¬ 
dence  an  extract  from  Mineral  ftesources 
of  the  United  States  for  1911,  and  the  same 
is  marked 

Complainants’  Exhibit,  Extract  from 
“Mineral  Resources  of  the  United  States”, 
for  1911,  pp.  13  to  14,  published  1912  by  De¬ 
partment  of  the  Interior,  U.  S.  Geological 
Survey. 

Mb.  Richmond  :  Objected  to  us  secondary 
and  incomplete. 

Mb.  Hicks:  Complainants’  Counsel  has 
not,  it  is  true,  offered  the  entire  publication ; 
because  that  seems  unnecessary  since  the 
material  facts  are  set  forth  in  the  Extract 
offered  in  evidence.  The  publication  is  one 
for  which  Defendant’s  Counsel  hus,  as 


Deposition  of  Waller  S.  Mallory.  871 

pointed  out  during  the  deposition  of  Pro-  2011 
fessor  Carpenter,  vouched. 

Mb.  Richmond:  The  pointing  out  re¬ 
ferred  to  seems  to  have  consisted  in  the  al¬ 
legation  by  Complainants’  Counsel.  The  at¬ 
tention  of  the  Court  is  directed  to  the  evas¬ 
ive  way  in  which  the  challenge  to  show 
where  uny  such  voucher  appears  was  met 
following  RDQ504  of  the  Carpenter  deposi¬ 
tion. 

Direct  Examination  Closed. 


Cboss  examination  by  Mr.  Richmond  : 

.  XQ50.  In  your  answer  to  Q2  you  suggested 
tliut  two  and  one  half  million  dollars  would  prob¬ 
ably  be  lost;  was  it  lost? 

A.  It  was. 

XQ51.  You  say  “it  took  up  about  five  years  sub¬ 
sequent  to  1898  to  pay”  certain  obligations  in  full. 

To  whom  do  you  refer  by  .“us”? 

A.  Mr.  Edison  and  myself,  Mr.  Edison  advanc¬ 
ing  the  money  and  the  negotiations  with  the  credit¬ 
ors  being  conducted  by  myself. 

XQ52.  Were  these  payments  charged  directly 
or  indirectly  against  the  cement  business?  ‘ u  ' 

A.  No. 

XQ53.  In  what  respect  did  you  understand  Mr. 

Edison  to  mean  that  the  sixty  foot  kiln  was  “rot- 

A.  Due  to  the  figuring  which  he  had  done,  he  be¬ 
lieved  that  a  device  could  be  invented  which  would 
be  much  more  efficient  in  coal  consumption  and 
with  a  larger  output. 

XQ54.  Yes,  but  what  did  he  think  was  “rotten” 
about  the  sixty  foot  kiln? 


Deposition  of  Wither  S.  Mallory. 


Edison’s  information  tip  to  this  time  in  regard  to  3017 
sixty  foot  kiln  practice? 

Jin.  Hicks  :  Objected  to  as  clearly  in¬ 
competent,  for  the  reason  that  the  witness 
can  state  only  what  lie  observed  in  respect 
to  the  subject  matter  of  the  question. 

.  Jin.  Richmond:  See  the  direct  examina¬ 
tion;  it.  is  submitted  that  this  question  is 
a  highly  proper  cross  question,  without 
waiver  of  objection. 

Jin.  Hicks:  If  the  question  attempts  to 
obtain  from  the  witness  a  statement  of  the 
extent  and  nature  of  Jlr.  Edison’s  informa¬ 
tion,  without  being  limited  to  the  knowledge  2018 
or  observation  of  the  witness,  it  is  entirely 
incompetent. 

A.  I  can  only  answer  in  a  general  way  by  stat¬ 
ing  that  Jlr.  Edison  has  a  habit  in  all  of  his  ex¬ 
perimental  work  of  obtaining  by  reading  and  from 
other  sources,  as  much  of  the  available  informa¬ 
tion  relating  to  the  work  he  lias  in  hand  as  it  is 
practicable  for  him  to  get,  and  his  work  in  con¬ 
nection  with  the  cement  plant  was  carriedout  along 
this  line. 

XQ60.  That  is  as  specific  a  statement  as  you 
can  make  in  answer  to  the  question,  is  it?  2019 

A.  I  can  answer  that  by  stating  that  I  personally 
obtained  some  books  upon  the  manufacture  of  ce¬ 
ment,  and  that  Jlr.  Edison  and  I  personally  visited 
one  or  two  plants  where  sixty  foot  kilns  were  in¬ 
stalled,  and  as  usual  he  asked  many  questions  re¬ 
garding  tlie  operation  of  the  device. 

XQ61.  What  plants  did  you  visit,. and  when? 

A.  As  I  recall  we  visited  the  plant  of  the  Bonne¬ 
ville  Cement  Company,  and  I  think  the  other  was 
the  Coplay,  but  I  am  not  so  sure  about  that.'  I 


2023 


8T4  Deposition  of  Wnl tor  S.  Mallory. 

2020  think  it  was  iu  1898  during  tlie  period  wlien  the 
work  at  tlie  concentrating  plant  was  discontinued 
for  the  lack  of  money. 

XQC2.  How  wuuy  kilns  were  there  at  these 
plants  that  you  visited? 

A.  1  don’t  remember. 

XQG3.  JJlid  Mr.  Edison  ever  suggest  that  he  con¬ 
sidered  the  sixty  foot  kiln  to  he  “rotten”  because 
it  was  made  of  wrought  iron? 

A.  He  thought  the  use  of  cast  iron  would  give 
some  mechanical  advantages,  because  the  cast  iron 
would  not  warp  us  much  as  the  steel. 

XQG4.  Did  he  think  that  having  only  two  carry- 
2021.  ing  tires  was  a  point  against  the  sixty  foot  kiln? 

Mn.  Hicks:  Objected  to  as  calling  for 
the  thought  of  Mr.  Edison  for  the  reasons 
stated. 

A.  I  have  heurd  him  say  that  he  believed  it 
would  be  an  advantage  to  have  the  kiln  supported 
in  more  than  two  places,  if  made  of  cast  iron. 

XQG5.  But  you  do  not  recall  his  saying  or  sug¬ 
gesting  that  having  only  two  tires  was  a  point 
against  tlvsj.  sixty  foot  kiln? 

A.  No.  ' 

XQGG.  Have  you  any  picture  or  pictures  of 
21122  the  wooden  model  8  feet  in  diameter  and  10  feet 
long  which  you  started  building  in  March  1899? 
.  A.  No. 

XQG7.  You  spoke  of  the  laboratory  kiln  as 
being  “so  radically  different  from  the  existing 
kilns  in  general  use” ;  did  these  radical  differences 
comprise  making  the  kiln  of  cast  iron  instead  of 
Wrought,  iron,  having  ten  sets  of  carrying  rolls 
.instead  of  two,  having  a  brick  chamber  with  pad¬ 
dles  at  the  upper  end,  having  a  fluted  lining  in 
the  kiln,  and  having  a  novel  form  of  coal  injector 
burner? 


Deposition  of  Walter  S.  Mallory.  875 

A.  Yes. 

XQG8.  Just  what  was  the  matter  that  you  en¬ 
gaged  Mr.  L.-H.  DeVoe  to  investigate? 

A.  .We  wanted  to  learn  the  character  of  the  fire 
brick  used  in  the  sixty  foot  kiln,  by  whom  they 
were  manufactured,  the  experience  of  the  cement 
manufacturers  as  to  the  life  of  the  fire  brick,  and 
whether  or  not  we  could  obtain  the  corrugated  fire 
brick. 

(Defendant’s  Counsel  obtains  from  the 
witness  the  letter  which  Sir.  DeVoe  wrote, 
dated  January  3rd,  1900.) 

XQG9.  The  letter  of  Mr.  DeVoe  dated  January  2024 
3rd,  1900  which  you  handed  to  me  for  inspection, 
in  tlie  course  of  your-  long  answer  to  Q2  contains 
the  following  paragraph,  does  it  not: 

“I  would  like  to  say,  however,  that  never 
before  have  I  had  so  tough  a  proposition  in 
placing  an  order,  for  the  manufacturers  did 
not  seem  capable  of  handling  new  work  and 
did  not  care  to  accept”. 

A.  Yes,  the  letter  contains  such  a  paragraph  and 
refers  to  the  corrugated  fire  brick. 

XQ70.  Did  you  use  any  grinding  machinery  in 
connection  with  your  experiments  at  the  labora-  2025 
tory,  and  if  so,  please  state  briefly  what  it  was? 

A.  We  had  a  set  of  rolls  and  one  air  separator, 
so  that  we  could  prepare  the  raw  material  for 
use  in  the  experimental  kiln. 

XQ71.  How  about  grinding  the  coal  and  the 
clinker. 

A.  Tlie  raw  material,  coal  and  clinker  was  all 
ground  in  these  rolls  and  separated  by  tlie  air 
separator. 

XQ72.  Were  they  giant  rolls? 

A.  No,  they  were  small  rolls. 


87«  Deposition  of  Walter  S.  Mallory. 

2620  XQ73,  Did  yon  use  a  clinker  cooler  in  connection 

with  the  experiments  at  the  laboratory? 

A.  I  don’t  think  we  did. 

XQ74.  What  are  the  initials  of  Mr.  Streckel 
and  where  is  he  now? 

A.  I  don’t  remember  ids  initials  and  have  no 
knowledge  as  to  his  present  whereabouts. 

XQ75.  In  your  letter  of  July  16th,  1901  to  Mr. 
Darling,  you  referred  to  a  party  who  "got  the 
burner  so  very  hot  that  one  of  the  large  castings 
cracked”;  what  did  you  refer  to  here  by  the  term 
“burner”? 

A.  I  referred  to  the  operator  whom  he  sent  us 
2627  to  conduct  the  kiln  experiment. 

XQ76.  But  you  said  “he  got  the  burner  so  very 
hot”.  What  was  it  that  became  hot? 

A.  I  should  have  said  in  my  letter  it  was  the 
kiln  which  became  very  hot. 

XQ77.  Then  the  large  casting  thut  cracked  was 
one  of  the  cast  iron  kiln  sections,  was  it? 

A.  Yes,  but  you  note  that  I  state  in  my  letter 
that  there  was  a  defect  in  the  casting  which  prob¬ 
ably  accounts  for  the  trouble. 

XQ78.  And  the  bands  that  you  were  putting  on 
were  to  encircle  the  kiln  and '  bind  the  parts  of 
the  casting  together,  were  they? 

2028  A.  Yes,  we  put  bands  on  the  cracked  section  to 
prevent  further  cracking  when  it  was  under  heat. 

XQ79.  What  did  yon  refer  to  in  that  same  let¬ 
ter  by  the  term  “feeding  device”;  did  you  mean 
the  coal  injector  nozzle? 

A.  Yes. 

XQ80..  Are  you  still  sure  of  your  estimate  of 
July  10th,  1901  or  earlier,  that  fifty  pounds  of 
coal  per  barrel  of  cement  is  conservative? 

A.  No,  we  underestimated  the  amount  of  coal 
necessary  at,  that  time. 


Deposition  of  Walter  S.  Mallory.  877 

XQ81.  In  that  same  letter  you  said  “the  .  front  2629 
und  of  the  burner  chilled”;  just  what  was  it  that 
was  chilled. 

•A.  I  should  have  stated  the  front  end  of  the  kiln 
>  chilled. 

XQS2,  Do  you  mean  that  the  front  end  of  the 
i  kiln  was  watur-jacketed,  or  something  of 'that  sort? 

A.  Thu  front  end  of  the  kiln  was  not  water- 
jacketed.  Wlmt  I  meant  was  we  were  unable  to 
-  hold  the  heat  in  the  front,  end  of  the  kiln. 

XQ83.  How  long  did  you  continue  feeding  in 
■  fourteen  tons  of  cement  rock  per  hour? 

A.  I  don’t  remember. 

XQ84.  Who  were  Messrs.  Pilling  &  Crane  to  2630 
whom  the  letter  of  July  19th,  1901  was  addressed. 

A.  Mr.  W.  S.  Pilling  urns  treasurer  of  the 
cement  company,  and  both  Pilling  and  Crane  were 
stockholders  and  directors' of  tlie  cement  company. 

XQ85.  What  do  you  refer  to  by  the  term  “guns” 
in  this  same  letter? 

A.  A  device  for  feeding  the  coal. 

XQ80.  For  injecting  it  into  the  kiln? 

A.  Yes. 

XQ87.  How  many  of  them  were  there? 

A.  I  think  at  that 'time  there  was  one  device 
■having  two’ feeding  nozzles. 

XQ88.  This  made  two  guns,  did  it?  2061 

A.  Practically  one  gun  with  two  nozzles. 

XQ89.  Did  the  cablegram  mentioned  in  the  let¬ 
ter  of ’July  24tli,  1901  relate  in  any  way  to  the 
cement  business,  and  if  so,  what  was  it? 

A.  I  do  not  recollect  wlmt  it  was,  but  doubt 
very  much  that  it  referred  to  the  cement  business. 

XQ90.  Please  give  the  initials  of  the  Mr.  Reid 
referred  to  in  your  letter  of  August  9,  1901,  his 
address  then  and  now,  arid  whether  he  continued 
to  :be  “well  impressed.” 

A.  W.  P.  Reid.  I  think  his  home  is  in  Babylon, 


878  Deposition  of  Walter  S.  Mallory. 


Deposition  of  Walter  S.  Mallory.  870 


2032  Long  Island,  and  lie  is  still  a  stockholder  and  di¬ 
rector. 

XQ01.  Was  he  ever  dissatisfied  after  that  letter? 

A.  I:  never  heard  him  express  any  dissatisfaction 
with  the  kiln,  and  I  assume  that  what  I  had  in 
mind  when  the  letter  was  written  was  Mr.  Reid’s 
impression  of  the  kiln  experiments  which  we  had 
conducted  at  Orange,  N.  J. 

XQ92.  Yon  say  yon  have  never  heard  him  ex¬ 
press  any  dissatisfaction.  Have  yon  known  of  Ilia 
expressing  any  dissatisfaction? 

A.  Not  in  connection  witli  the  kiln.  All  our 
director  have  expressed  great  dissatisfaction  from 
2038  time  to  time  as  to  the  price  at  which  we  have  hud 
to  sell  cement,  and  I  have  hoard  Mr.  Reid  express 
his  opinion  along  this  line  several  times. 

XQ93.  You  spoke  of  Mr.  Edison  being  very 
much  disappointed  when  you  would  report  to  him 
that  you  had  obtained  an  output  of  from  450  to 
550  barrels  per  day;  when  was  this? 

A.  When  we  first  started  the  preliminary  manu¬ 
facturing  operations  at.  the  cement  plant  at  New 
Village,  N.  J. 

XQ94.  When  was  that? 

A.  I  think  it  was  the  early  part  of  1903. 

XQ95.  Then  you  said  that  as  you  had  more  ex- 
2084  perience  with  the  operation  of  the  kiln  you  were 
enabled  to  get  the  outputs  up  to  700  and  800  bar¬ 
rels  per  day;  when  was  this? 

A.  As  near  as  I  can  remember  now  I  think  it 
was  during  1904  or  possibly  1905. 

XQ.96.  Then  you  said  that,  finally  after  a  good 
many  trials  yon  were  enabled  to  obtain  an  output 
of  1000  barrels  in  twenty-four  hours;  when  wns 
this? 

A.  I  think  it  was  in  1905. 

XQ97.  Wouldn’t  your  records  show  exactly  when 
these'flgnrcs  were  attained? 


A.  I  think  so. 

XQ98.  Then  I  will  ask  you  before  this  examina¬ 
tion  closes  to  produce  your  original  record  or  rec¬ 
ords,  showing  the  date  and  circumstances  of  your 
obtaining  an  output  of  from  450  to  550  barrels, 
then  700  to  800  barrels,  and  finally  1000  barrels? 

A.  T  am  not  so  sure  as  that  we  have  the  records 
of  our  earlier  work,  but  I  can  find  those  of  the 
later  period. 

XQ99.  I  understand  that  you  did  not  get  your 
plant  in  regular  commercial  operation  until  1903, 
is  that  correct? 

A.  My  recollection  is  that  we  started  our  plant 
in  operation  either  in  December  1002  or  January 
1903,  and  it  was  continued  in  operation  until 
March  1003,  when  we  lmd  a  coal  explosion  which 
caused  us  to  discontinue  manufacturing  operations 
for  several  months. 

XQ100.  Were  your  operations  fairly  normal 
throughout  the  calendar  year  1904? 

Mil.  Hioks:  Objected  to  ns  not  proper 
cross  examination.  The  direct  examination 
touched  upon  no  such  matter. 

A.  I  really  don’t  remember  how  much  of  that 
year  we  did  operate  it. 

XQ101.  I  understand  that  you  started  with  two 
kilns,  please  give  us  the  dates  when  the  other  kilns 
were  added? 

Mb.  Hicks:  Same  objection,  and  if  it  con¬ 
tinues  the  witness  will  be  advised  not  to 
answer,  unless  instructed  to  do  so  by  the 
Court. 

A.  As  I  recall  we  put  in  kilns  3  and  4,  hut  I  do 
not  now  recollect  just  the  dates.  Subsequently  we 
put  in  six  additional  kilns,  I  think  this  wus  doue 
iii  190G.  When  I  refer  to  1906  I  mean  in  relation 
to  the  six  additional  kilns. 


880 


Deposition  of-  Walter  S.  Mallory. 

XQ102.  In  connection  with  your  answer  to 
XQ95,  please  tell  us  what  was  the  regular  normal 
output  of  your. kiln  day  by  day  in  each  .of  the  years 
1904  and  1905? 


Jilt.  Micks  :  Same  objection.  The  witness 
is  advised  not  to  answer  such  questions  un¬ 
less  directed  so  to  do  by  the  Court.  The 
witness  lias  not  been  interrogated  with  re¬ 
gard  to  tile  operation  of  the  New  Villuge 
plant,  nor  1ms  the  witness  at  any  time  op¬ 
erated  the  New  Village  plant;  nor  does  it 
appear  that  the  witness  lias  any  knowledge 
which  would  enable  him  to  answer  such 
questions.  He  was  not  produced  and  inter¬ 
rogated  with  regard  to  such  matters. 


A.  On  advice  of  counsel  I  decline  to  auswer  un¬ 
less  directed  so  to  do  by  the  Court. 

XQ103.  The  records  of  your  company  are  under 
your  control  and  accessible  to  you,  are  they  not? 


2840 


XQ104.  I  will  state  frankly  what  I  want  to  get 
at,  and  ask  you  to  help  me  out.  Ill  your  direct  ex¬ 
amination  you  told  about  getting  outputs  of  450 
to  550  barrels,  then  later  .700  and  800  barrels  .per 
day,  and  Anally  1000  barrels  in  twenty-four  hours. 
This  was  toward  the  end  of  your  long  answer  to 
Q2.  It  seems  to.  me  that  normal,,  everyday,  average 
outputs  would  be  much  more  instructive  and  sig¬ 
nificant,  and  would  have  a  decided  bearing  on  wlmt 
is  to  be  learned  from  these  extreme  outputs  you 
have  stated.  Also,  you  have  referred  to  making 
cement  at  the  laboratory  witli  50  pounds  of  coal 
per  barrel,  but  it  seems  to  me  that  the  normal, 
average,  everyday  coal  consumption  is  much  more 
important  and  significant.  I  will  therefore  ask 
you  before  tills  examination  closes  to  produce  your 
records  for  the  years  1903  and  il904,  and  show  us 
wlmt  was  the  number  of  kilns  in  operation,  in  those 


Icposition  of  Walter  S.  Mallory. 


years,  the  number  of  days  they  were  in  operation, 
the  total  output  of  cement,  and  the  total  weight  of 
fuel  burned  in  the  kiln  so  that  the  data  for  which 
1  inquire  can  be  deduced  accurately  from  primary 
evidence. 

Jilt.  Hicks:  As  none  of  this  matter  lias 
any  basis  in  the  direct  exumination.and  is  a 
mere  fishing  expedition  on  the  part  of  De¬ 
fendant’s  Counsel  Complainants’  Counsel 
will  object  to  any  sucli  procedure.  The  pres¬ 
ent  question  is  objected  to  as  it  does  not 
ask  the  witness  for  any  fact,  but  merely  asks 
him  as  to  what  he  will  do  in  the  future,  and 
that  is  not  a  subject  matter  of  testimony. 


A.  I  will  be  guided  by  advice  of  counsel  in  this 
matter. 

Recess. 


( After  Recess) 

XQ105.  You  speak  of  being  enabled  to  get  the 
larger  outputs  of  709  and  800  barrels  per  day  “as 
we  had  more  experience”.  Please  state  the  nature 
of  this  increased  experience? 

A.  Our  operators  consisting  both  of  our  super¬ 
intendent,  foreman,  and  the  men  in  direct  charge 
of  the  kilns,  due  to  their  experience,  were  enabled 
to  better  understand  the  capacities  of  the  kiln,  and 
also  to  manipulate  better  the  coal  feeding  and  raw 
material  devices,  and  also  understood  better  the 
manipulation  of  the  draft. 

XQ106.  Who  were  your  superintendent  and  fore¬ 
man  and  men  in  direct  charge  of  the  kiln? 

Mu.  Hicks:  Objected  to  as  not  proper 
cross  examination.  Such  questions  can  have 
no  hearing  on  the  direct  examination. 


882  Deposition  of  Waller  S.  Mallory. 

A.  Mr.  Darling  was  pur  first  superintendent, 
and  subsequent  to  his  death  in  1903  Mr.  Mason 
became  our  superintendent.  We  have  had  several 
foremen  in  charge  of  the  kiln  department.  I  can¬ 
not  recall  their  names  as  they  were  hired  and  dis¬ 
charged  by  Mr.  Mason. 

XQ'107.  Who  is  Mr.  Emil  'Harter  whose  hand¬ 
writing  you  identified  in  answer  to  Q1.G? 

A.  He  is  a  draftsman  who  lias  been  in  Mr. 
Edison’s  employ  for  nearly  twenty  years. 

XQ108.  Referring  to  the  book  of  photographs 
that  you  had  under  consideration  in  connection 
with  Q23,  how  many  photographs  are  there  in 
this  book,  and  how  many  of  them  show  the  rotary 
kiln  or  models  thereof? 

Mb.  Hicks:  If  Defendant’s  Counsel 
wants  to  know  how  many  photographs 
there  are  in  that  book  lie  can  count  them. 
The  book  is  at  his  disposal.  Defendant’s 
Counsel  can  cross  examine'  the  witness  in 
regard  to  any  of  the  photographs  that  are 
in  evidence.  The  witness  is  advised  he 
should  not  do  such  work  ,  unless ,  directed 
so  to  do  by  the  Court.  The  depositions  of 
Dr.  Kiefer  and  Professor  Carpenter  were 
prolonged  by  just  such  methods. 

Mu.  Richmond:  See  Q24. 

A.  I  am  advised  by  counsel  not  to  count  the 
photographs  until  directed  so  to  do  by  the  Court. 

XQ109.  Do  you  decline  to  comply  with  the  re¬ 
quest  in  XQ108? 

A.  I  am  perfectly  willing  to  do  so  if  directed 
by  my  Counsel  or  the  Court. 

XQ110.  You  will  understand  that  I  must  press 
my  question  until  you  either  reply  to  it  or  de¬ 
cline  to  do  so;  I  respectfully  ask  again  if  you 
will  kindly,  make  the  count  requested,  or  if  you 
decline  to  do  so? 


88+ 


Deposition  of  Walter  S.  Mallory. 

2050  merciul  operation  at  the  New  Village,  N.  J.  plant, 
which  I  have  already  testified  to  as  being  about 
1003.  It  covers  all  the  experimental  and  testing 
work  during  that  period. 

XQ115.  Does  it  include  Mr.  DeVoe’s  expenses 
in  hunting  for  brick? 

A.  It  probably  does. 

XQ110.  And  all  the  expense  on  coal  injectors? 

A.  Yes. 

XQ117.  And  for  machinery  and  labor  in  grind¬ 
ing  raw  materials,  clinker  and  coal  during  this 
period? 

A.  It  probably  does. 

2051  XQ118.  Does  it  include  all  expenses  for  opera¬ 
tions  at  the  laboratory  that  were  connected  with 
the  projected  plant  at  New  Village? 

A.  No. 

XQ119.  Please  state  in  outline  wlint  is  your 
basis  for  your  estimate  of  seventy-five  to  a  hun¬ 
dred  thousand  dollars,  and  mention  n  few  of  the 
larger  items  of  cost  entering  this  estimate? 

A.  The  cost  includes  the  erection  of  the  experi¬ 
mental  kiln  with  the  driving  machinery,  the  prep¬ 
arations  of  the  raw  materials  at  the  various  tests, 
the  work  in  connection  with  the  model,  wages  of 
all  experimenters,  the  costs  of  nil  materials  used 

2052  in  connection  with  the  tests,  and  ns  I  recall  a  pro¬ 
portion  of  the  general  expense  of  the  laboratory 
which  is  always  added  to  the  cost,  of  Mr.  Edison’s 
experiments.  In  addition  were  the  costs  dnring  the 
preliminary  operating  tests  after  the  kiln  was 
erected  at  New  Village,  N.  J. 

XQ120.  I  realize  that  your  seventy-five  or  one 
hundred  thousand  dollars  estimate  is  only  an  esti¬ 
mate,  but  I  wish  you  would,  before  this  examina¬ 
tion  closes,  produce  an  orgiual  record  or  records, 
showing  the  larger  items  of  this  expense,  and  if 
possible  enough  of  these  items  to  aggregate  half 


Deposition  of  Walter  S.  Mallory.  885 

or  two-thirds  of  your  estimate  so  that  we  can  get  2053 
an  approximate  idea  of  how  this  expense  was 
distributed.  Will  you  kindly  do  so? 

Mu.  Hicks:  Objected  to  as  not  proper 
cross  examination.  The  witness  has  testi¬ 
fied  according  to  his  own  recollection  and 
nut  from  any  books  or  memoranda.  Defend¬ 
ant’s  Counsel  can  cross  examine  the  witness 
to  any  extent  concerning  wlmt  the  witness 
has  stated  from  his  own  recollection.  The 
course  pursued  by  defendant’s  Counsel 
would  result  in  the  production  of  nil  the 
books  and  records  of  any  person  or  company 
that  defendant’s  Counsel  might  chose  to 
mention,  none  of  which  have  been  in  any 
way  referred  to  on  the  direct  examination. 

This  is  not  proper  cross  examination  and 
it  is  objected  to. 

A.  I  decline  to  do  so  until  udvised  by  counsel. 

XQ121.  To  whom  and  when  was  the  first  li¬ 
cense  under  the  patent  in  suit  granted? 

A.  To  the  Edison  Portland  Cement  Company. 

1  don’t  remember  the  date. 

XQ122.  Please  look  at  Complainants’  Exhibit, 

Copy  Edison — Edison  Company  License  Agree¬ 
ment,  August  31st,  1899,  and  say  if  this  is  a  copy  2065 
of  the  license  just  referred  to? 

Mn.  Hicks:  Objected  to  upon  the  ground 
that  the  exhibit  speaks  for  itself,  and  that 
it  is  not  for  the  witness  to  construe  the 

Mn.  Richmond:  He  is  not  asked  for  a 
construction,  hut  for  an  identification. 

.  Mu.  Hicks:  There  is  no  identification 

called  for  by  the  question.  But  the  ques¬ 
tion  in  effect  asks  the  witness  to  construe  a 


Deposition  of  Wul ter  S.  Mallory.  887 

sons  in  the  same  class  witli  yourselves  associated  2650 
with  you  in  this  work,  and  if  so,  please  give  their 
names? 

Mb.  Hioks:  The  statement  preceding  the 
question  is  objected  to  as  incorrect,  except 
ns  to  Mr.  Edison. 

A.  As  I  linve  already  stated  Mr.  William  Simp¬ 
kins  was  chief  draftsman,  located  at  Mr.  Edison’s 
laboratory  at  Orange,  N.  J.  and  Mr.  Emil  Qerter 
were  both  active  in  this  work.  This  covers  the 
principal  men. 

XQ128.  Please  outline  very  briefly  the  previous 
experience  of  Mr.  Simpkins  and  Mr.  Herter?  2660 

Mb  Hioks:  Objected  to  as  immaterial. 

A.  Mr.  Simpkins ;  was  an  engineer  and  drafts¬ 
man  of  considerable  experience  and  just  before  he 
came  to  Mr.  Edison  was  employed  as  I  recall  by 
the  Heading  Iron  Works  at  Reading,  Pa.  I  do 
not  remember  his  previous  employers.  Mr.  Herter 
had  been  associated  with  Sir.  Edison  through  the 
larger  part  of  an  iron  ore  concentrating  work  to 
which  I  have  already  referred,  covering  a  period 
of  six  or  seven  years  prior  to  the  time  the  cement 
work  was  started. 

XQ129,  Your  letter  of  July  15th,  1902  refers  to  2661 
“our  small  rotary  kiln”.  What  was  that? 

A.  That  refers  to  a  small  kiln,  as  I  recall,  about 
four  feet  in  diameter  and  approximately  twenty 
feet  long  which  we  built  to  try  and  nodulize  iron 

XQ130.  Has  the  Edison  Portland  Cement  Com¬ 
pany  paid  dividends  on  its  capital  stock,  and  if 
so,  when  was  the  first  dividend? 

SIb.  Hioks:  Objected  to  as  not  proper 
cross  examination,  and  whatever  the  facts 


2602 


S88  Deposition  «f  Waller  S.  Mallory. 

may  be,  of 'which  complainants’  Counsel  has 
no  knowledge,  the  witness  is  advised  he 
should  not  answer  such  a  question  unless 
directed  so  to  do  by  the  Court.  This  ques¬ 
tion  is  in  line  with  the  preceding  question 
calling  tor  records  in  no  way  referred  to 
on  the  direct  examination. 

A.  1  decline  to  answer  the  question  until  di¬ 
rected  to  do  so  by  the  Court. 

XQ131.  I  now  direct  your  attention  XQ98,  and 
ask  you  if  you  will  kindly  produce  the  records, 
there  inquired  for? 

Ma.  Hioks:  Same  objections. 

A.  I  repeat  the  former  answer  that  on  advice 
of  counsel  X  decline  to  produce  any  records  unless 
directed  to  do  so  hy  the  Court. 

XQ132.  Then  do  I  understand  that  you  decline 
to  comply  with  the  requests  in  XQs  98,  102,  104, 
120,  and  130? 

A.  Yes,  unless  so  directed  by  Counsel  or  the 
order  of  the  Court. 

Mn.  Richmond  :  Counsel  for  Defendant 
respectfully,  but  emphatically  protests 
against  the  refusal  of  the  witness  to  assist 
in  giving  the  Court  the  information  inquired 
for  in  the  cross  questions  enumerated  in 
XQ132,  and  also  protests  against  the  ad¬ 
vice  given  by  Counsel  for  Complainants  to 
the  witness  in  connection  with  these  cross 
questions. 

Mn.  Hicks  :  .  Complainants’  Counsel  is 
perfectly  willing  that  the  witness  should 
produce  any  record  and  should  answer  any 
question  that  is  a  proper  question,  or  that 
the  Court  may  direct  the  witness  to  produce 
or  to  answer.  The  witness  has  not,  how¬ 
ever,  testified  on  his  direct  exnminatiotf'in 
reference  to  any  of  the  records  called  for 


Deposition  of  Waller  S.  Mallory.  881) 
or  with  reference  to  any  of  the  matters  2005 
touched  upon  in  the  questions  which  the  wit¬ 
ness  has  refused  to  answer  unless  directed  so 
to  do  by  the  Court.  It  is  not  thought  that 
Defendant’s  Counsel  should  have  entered 
upon  any  of  these  matters. 

Mb.  Richmond  :  Counsel  for  ..Defendant 
believes  the  cross  questions  enumerated  in 
XQ132  were  proper  and  should  have  been 
answered.  As  to  this,  the  record  shows  what 
it  shows,  and  Counsel  for  Defendant  will 
not,  at  this  time,  attempt  to  state  what  ft 
shows. 

Cnoss  Examination  Closed.  2060 

Re-dibeot  examination  iiy  Mb.  Hicks: 

RDQ133.  If  any  of  the  records  which  Defend¬ 
ant’s  Counsel  lias  asked  you  to  produce,  and  which 
you  have  declined  to  produce  unless  instructed 
so  to  do  by  the  Court,  are  in  existence,  are  any  of 
them  here  in  the  City  of  New  York? 

A.  No. 

RDQ134.  Referring  to  Q39  in  answer  to  which 
you  said  that  the  Edison  Portland  Cement  Com¬ 
pany  was  incorporated  on  June  3,  1899,  did  you 
have  personal  knowledge  of  the  incorporation  and  2607 
organization  of  that  company? 

A.  I  did. 

RDQ135.  In  answer  to  XQ67  you  agreed  that 
the  laboratory  kiln  which  you  had  described  in 
the  letter  ns  being  “so  radically  different  from  the 
existing  kilns  in  general  use”  comprised  certain 
features  mentioned  in  the  question.  Please  state 
whether  that  laboratory  kiln  comprised  in  addi¬ 
tion  to  the  features  mentioned  in  that  question  a 
.  rotary  part  100  feet  in  length  and  a  brick  exten¬ 
sion  chamber  fifty  feet  in  length? 


8!)0  Disposition  or  Will  ter  S.  Alnllory. 

2068  Mn.  Richmond :  Objected  to  as  leading. 

Mil.  Hicks:  XQG7  is  so  very  well  framed 
that  tbe  preceding  question  is  thought 
proper. 

A.  Yes. 

KDQ136.  Referring  to  your  answer  to  Q2,  and 
especially  to  tlmt  part  thereof  where  you  speak 
of  your  reports  to  Air.  Edison  with  regard  to  the 
iirst  output  of  the  New  Village  kiln  and  of  what 
he  said,  and  of  what  was  thereafter  attempted, 
and  of  what  was  the  result  of  the  many  trials 
made,  did  you  testify  in  regard  to  these  matters 
from  your  present  recollection,  or  from  reference 
2669  to  any  record  or  records  produced  by  you? 

A.  Prom  my  present  recollection. 

Re-diuect  Examination  Closed. 

Deposition  Closed. 

WALTER  S.  MALLORY. 

Adjourned  to  October  18th,  1912,  at  il  :00  A.  Ah 


New  York,  October  18th,  1912. 

Met  pursuant  to  adjournment. 

2670  Present :  Parties  us  before. 

WALTER  S.  MALLORY,  recalled  for  further 
re-direct  examination,  testified  as  follows: 

RDQ137.  Have  you  refreshed  your  recollection 
since  the  close  of  the  session  yesterday  afternoon 
so  that  you  can  give  definitely  the  capacity  shown 
by  actual  outputs  of  the  Edison  150  foot  kilns 
during  the  years  1903,  1904,  and  1905? 

Mr.  <  Richmond  :  Objected  to.  If  it  is 
the  desire  of  Counsel  to  recede  from  the 
position  taken’ when  lie’ advised  ’ this  Wit- 


Deposition  of  Walter  S.  Mallory.  891 
ness  not  to  respond  to  cross  questions  along  2071 
this  line,  then  he  should  state  his  change 
of  position  and  tender  the  witness  for 
further  cross  examination. 

Ain.  Hicks  :  Complainant’s  Counsel  at  no 
time  advised  the  witness  not  to  respond  to 
cross  questions  along  this  line.  The  state¬ 
ment  of  Defendant’s  Counsel  in  this  respect 
is  entirely  incorrect.  On  the  contrary  Com¬ 
plainants’  Counsel  stated  that  the  witness 
had  testified  from  his  own  recollection  and 
that  it  was  open  to  Defendant’s  Counsel  to 
cross  examine  the  witness  to  any  extent 
withti'cgnrd  to  the  statements  made  by  the  2672 
witness  from  the  recollection  of  the  wit¬ 
ness.  The  witness  not  having  been  exam¬ 
ined  with  reference  to  the  books  or  rec¬ 
ords  called  for  by  Defendant’s  Counsel, 
and  the  witness  not  having  used  such  books 
or  records,  Complainants’  Counsel  ud- 
vised  the  witness  that  he  should  not  pro¬ 
duce  the  books  or  records  called  for  un¬ 
less  directed  so  to  do  by  the  Court.  The 
position  of  Complainants’  Counsel  is  that 
Complainants  are  entitled  to  a  ruling  of 
the  Court  upon  an  attempt  to  make  a 
fishing  expedition  into  the  books  and  .rec-  2678 
ords  of  the  company  that  is  not  a  party 
to  this  suit,  and  the  books  and  records  of 
which  have  not  in  any  way  been  referred 
to  by  the  witness.  In  the  objection  to 
XQ120  Complainants’  Counsel  said  “De¬ 
fendant’s  Counsel  can  cross  examine  the 
witness  to  any  extent  concerning  what  the 
witness  lias  stated  from  his  on  recollection. 

The  course  pursued  by  defendant’s  Coun¬ 
sel  would  result  in  the  production  of  all 
the  books  and  records  of  any  person  or 


l! 


892  Deposition  of  Walter  S.  Mallory. 

2674  company  tlmt  Defendant’s  Counsel  might 
chose  to  mention,  none  of  which  have  been 
in  any  way  referred  to  on  the  direct  exam¬ 
ination.” 

Mb,  Richmond:  Believing  that  the  rec¬ 
ord  shows  the  situation,  Defendant’s  Coun¬ 
sel  will  not  enter  upon  a  labored  attempt 
to  explain  or  repeat  what  it  shows.  As  to 
the  offensive  imputations  in  the  foregoing 
remarks,  Counsel  for  Defendant  is  unable 
to  compete. 

Mb.  Hicks:  Complainants’  Counsel  de¬ 
sires  to  add  that  there  may  be  several  corn- 

2675  petent  ways  of  proving  a  fact;  one  of  them 
is  by  the  testimony  of  a  witness  having 
knowledge  of  the  fact;  another  is  by  the 
production  of  records  proved  by  a  witness 
having  knowledge  of  the  facts  and  of  the 
correctness  of  the  records.  Complainants’ 
Counsel  is  able  to  prove  the  facts  in  the 
first  manner,  and  1ms  made  no  attempt  to 
prove  tlie  facts  in  the  second  manner. 

A.  I  have. 

11DQ138.  Please  state  then  the  capacity  shown 
by  actual  outputs  of  the  Edison  150  foot  kilns  dur- 
ing  the  years  1903,  1904,  and  1905. 

'2fl70  A.  On  December  1st,  1903  kiln  No.  2  produced 
768  barrels  of  clinker.  On  August  31st,  1904, 
kiln  No.  3  produced  792  barrels  of  clinker  and  on 
October  4th,  1905,  kiln  No.  1  produced  1129  bar¬ 
rels  of  clinker. 

RDQ139.  Have  you  refreshed  your  recollection, 
and  can  you  state  any  more  definitely  the  cost  of 
tlie  experiments,  constructions,  and  so  forth  lead¬ 
ing  up  to  .  and  including  the  installation  of  tlie 
150  foot  Edison  kiln  No.  1  at  New  Village? 

Mb.  Richmond:  Same  objection. 

Mb.  Hicks:  Same  reply. 


Deposition  of  Walter  S.  Mallory.  893 
A.  I  have.  The  total  amount  expended  for  ex-  2077 
pertinents  and  plans  was  about  §1GG,000  of  which 
$133,000  wus  expended  up  to  1904,  so  I  believe  that 
my  estimate  of  seventy-five  to  one  hundred  thou¬ 
sand  dollars  is  conservative  for  the  reason  that 
the  other  mechanical  devices  used  in  the  cement 
plant  were  largely  developed  during  the  period  of 
the  concentrating  work  to  which  I  have  already 
referred. 

Rb-Dibect  Examination  Closed. 


Rb-cboss  Examination  by  Mb.  Richmond: 

RXQ14tf.  By  what  means  did  you  refresh  your 
recollection? 

A.  By  conversing  with  one  of  our  men,  by  tele¬ 
phone. 

RXQ141.  Who? 

A.  Mr.  A.  H.  Moses. 

RXQ142.  Please  explain  how  he  is  in  a  position 
to  know  these  matters? 

A.  He  obtained  the  information  from  our  rec¬ 
ords. 

RXQ143.  Was  this  the  only  means  by  which  you 
refreshed  your  recollection  on  the  matters  of  your 
examination  this  morning?  -2379 

A.  Yes. 

RXQ144.  Who  is  Mr.  Moses,  what  is  his  position 
in  relation  to  your  company? 

Mb.  Hicks  :  Objected  to  as  immaterial  and 
not  proper  cross  examination.  The  witness 
has  testified  ns  to  all  these  matters  from 
,  his  own  recollection  and  anything  that  Mr. 

Moses  may  be  can  have  no  bearing  whatso¬ 
ever  upon  the  testimony  of  the  witness  given 
from  his  recollection. 


Evidence. 


894 

A.  He  is  one  of  the  men  in  our  accounting  de¬ 
partment. 

Mb.  Richmond  :  In  view  of  the  fore¬ 
going  cross  examination,  the  questions  and 
answers  137  to  139  inclusive  are  objected  to 
us  secondary  and  incompetent. 

Rb-Cuoss  Examination  Closed. 

Kb-diukct  examination  11V  iMlt.  Hunts: 

RDQ145.  Please  state  whether  your  answers  to 
RDQs  138  and  139  are  bused  upon  your  present 
recollection? 

Mb.  Richmond:  Objected  to  as  leading. 
A.  Yes. 

Re-I)ibect  Examination  Closed. 
Deposition  Closed. 


900  Deposit  ion  of  Emil  Hertci*. 


EMIL  HERTER,  a  witness  being  duly  sworn 
on  behalf  of  the  complainants,  testifies  as  follows: 

Direct  examination  iiv  Mr.  Hicks: 

Ql.  Plense  state  your  name,  age,  residence  and 
occupation? 

A.  Emil  Hertcr,  age,  52;  residence,  Orange, 
N.  J.,  occupation,  mechanical  Engineer. 

2700  Q2.  Have  you  been  in  the  employ  of  Mr. 

Thomas  A.  Edison ;  and  if  so,  how  long? 

A.  Since  1888,  about  twenty-four  years. 

Q3.  Please  state  fully,  and  in  your  own  way, 
what  connection,  if  any,  you  had  with  regard  to 
Mr.  Edison’s  work  resulting  in  the  Edison  1B0 
foot  kiln  No.  1  that  was  eventually  installed  in 
the  New  Village  plant? 


A.  In  January  1899  Mr.  Edison  gave  me  some 
sketches  of  a  kiln  that  be  wanted  me  to  lay  out. 
for  him.  I  made  paper  drawings  of  this  kiln  ac- 


Deposition  of  Emil  Fierier.  001 

cording  to  his  sketches  and  his  ideas,  as  he  2701 
would  come  in  my  room  probably  four  or  five 
times  during  the  day  and  we  would  talk  over 
tlie  matter  about  the  kiln,  and  what  was  the  best 
way  to  make  the  kiln  according  to  his  sketches. 

Also,  some  time  in  March,  1899  I  made  a  draw¬ 
ing  of  a  section  of  a  kiln  which  was  8  feet  out¬ 
side  diumeter,  10  feet  long,  showing  corrugated 
fire  brick  on  the  inside  having  a  diameter  of  about 
six  feet.  1  also  had  charge  of  making  a  life  size 
model  of  this  section.  This  section  was  mounted 
on  four  wooden  wheels  which  were  four  feet  in 
diameter  and  on  an  incline.  This  was  made  so 
that  we  could  revolve  the  same  and  see  what  2702 
was  the  rate  of  progression  of  the  crushed  stone 
which  we  tried — how  much  it  would  advance  a 
revolution  in  a  horizontal  line.  The  idea  of  the 
corrugated  bricks  was  to  carry  the  materiul 
further  up  on  its  side  than  if  the  cylinder  had 
been  plain  or  smooth  on  the  inside.  We  also, 
after  trying  the  crushed  stone  that  we  had, 
bought  clinker,  as  our  stone,  having  sharp  cor¬ 
ners,  seemed  to  hang  to  the  side  of  the  cylinder 
on  the  inside,  and  would  not  roll  or  travel  as 
far  as  we  afterwards  found  out  with  the  burned 
clinker  that  was  bought  from  the  Lehigh  Portland 
Cement  Company.  This  clinker,  to  the  best  of  my  27()a 
recollection,  was  bought  in  June,  1899.  After  we 
had  tested  this  full  size  section  we  then  made  some 
more  drawings  changing  the  inclination  of  the 
cylinder,  also  changing  the  wheels,  changing  the 
corrugated  brick  on  the  inside  which  were  made 
out  of  wood,  to  see  what  were  the  best  results 
that  could  be  obtained.  After  this  section  had 
been  tested  in  this  manner,  off  and  on  for  about 
two  months  or  so,  I  then  started  on  another 
kiln  model  section  in  which  we  had  bricks,  the 
corrugations  of  which  were  staggered.  In  the 


Deposition  of  Emil  Hertcr. 


992 

270-t  lii'st  model  section  the  corrugations  ran  the 
whole  length  of  the  ten  feet.  In  the  second  sec¬ 
tion  the  corrugations  would  run  about  twelve 
inches,  then  the  other  oue  would  come  in  twelve 
inches  long,  then  the  third  row  of  corrugations 
would  line  up  with  the  corrugations  in  the  first 
row,  in  the  fourth  row  thu  corrugation  'would 
line  up  with  the  second  row  and  so  on  through¬ 
out  the  suction  which  was  ton  feet  long.  This 
model  section  did  not  prove  as  good  as  the  first, 
one.  The  crushed  stone  and  also  the  canker  which 
was  tried  would  not  as  readily  travel  forward 
as  in  the  first  section.  That  was  all  the  experi- 

2705  meats  that  were  made  with  these  sections.  After¬ 
wards,  in  June  I  started  to  lay  out  a  general 
plan  of  the  present  Edison  Portland  Cement 
Company’s  plant,  at  New  Village,  making  draw-  ^ 

ings  of  the  buildings,  necessary  machinery,  in¬ 
cluding  rolls,  driers,  conveyers,  grinding  rolls, 
blowing  apparatus,  conveyors  of  different  types, 
ns  bulk  conveyers,  sernper  conveyers,  flight  con¬ 
veyers,  elevators,  and  so  forth;  also  drawings 
for  the  kilns,  kiln  house,  stock  houses,  engine 
houses  and  boiler  houses.  The  kiln,  the  100  foot 
kiln  drawings  which  I  started  in  January  of 
1890  were  revised,  and  with  the  data  that  was 

3700  deducted  from  these  experiments  new  drawings 
for  the  100  foot  kiln  rotating  part,  and  the  fifty 
foot  stationary  part,  were  then  made.  From  these 
drawings  we  built  a  model,  two  inches  to  the 
foot,  of  the  plant  ns  it,  would  be  erected,  at  New 
Village.  This  model  was  started  some  time  after 
the  1st  of  July  1899.  This  model  was  built  of 
wood  in  a  building  erected  purposely  for  this 
purpose.  The  model  consisted  of  giant  rolls,  36 
inch  rolls,  grinding  rolls,  blowing  apparatus  and  4 

conveyers,  also  the  nccessnry  line  shafting,,  show¬ 
ing  foundations,  pulleys,  and  so  forth.  A  model 


of  Emil  Hurt 


Deposition 

for  tlie  kiln  was  completed  about  the  latter  part 
of  October  1899.  Under  direction  from  Mr.  Mal¬ 
lory,  I  had  taken,  from  time  to  time,  photographs 
of  the  model  as  completed,  also  dating  them  as 
1  took  them.  The  kiln  proper  which  was  erected 
at  the  laboratory  of  Thomns  A.  Edison  at  West 
Orange,  N.  J., — these  drawings  for  the  different 
sections  thereof  were  about  completed  at  the 
same  time  that  we  had  our  model  finished,  and 
the  sections  were  ordered  from  the  Wheeler  Engi¬ 
neering  Company,  Carteret,  N.  J.  and  were  re¬ 
ceived  at  the  laboratory  some  time-  in  February, 
1900.  We  had,  in  the  meantime,  prepared  the 
foundation  to  erect  this .  roaster  on  it,  which 
was  done  by  Mr.  Doxhcimcr  &  Son  of  Orange, 
N.  J.  some  time  after  February  1900.  To  the  best 
of  my  recollection,  the  kiln  sections  were  about 
all  on  their  friction  wheels  or  bearings  by  April 
of  1900.  The  other  necessary  machinery,  includ¬ 
ing  gears,  bearings,  and  stands  for  driving  or 
rotating  the- roaster,  were  not  received  until  some 
two  months  later.  The  stationary  part  of  the 
kiln  which  was  of  brick  and  contained  paddles 
for  moving  forward  the  raw  material  or  chalk, 
as  we  called  it,  was  not  completed  until  about 
May  of  1901.  I  recall  some  trouble  that  we  had 
in  trying  to  rotate  the  revolving  part  of  the  kiln, 
that  was  100  feet  long  and  consisted  of  nine 
sections,  ten  feet  long,  and  two  sections  five 
feet  long.  But  in  not  having  the  friction  wheels 
in  perfect  line  with  the  axis  of  the  cylindrical 
shell,  the  cylinder  or  roaster  as  we  called  it  tried 
and  did  walk  up  hill,  or  in  other  words,  the  dis¬ 
charge  end  being  some  four  feet  lower  than  the 
feeding  end,  it  tried  to  walk  up  hill,  away  from 
the  thrust  wheel  which  was  put  in  at  about  half 
its  length  to  keep  the  kiln  from  going  down  hill 
when  rotating.  This  alignment  of-  the  friction 


1)04  Deposition  of  Emil  Herter, 

2710  wheels  not  all  being  in  the  same  line  was  wlmt 
caused  the  kiln  to  walk  up  hill.  The  kiln  was 
bred  up  or  started  some  time  in  the  latter  part  of 
June  1001,  und,  on  account  of  our  coal  burner, 
we  hud  a  lot  of  trouble  to  heat  the  kiln  up  prop¬ 
erly,  our  coal  gun  which  we  lmd  designed  not 
working  properly,  und  not  being  able  to  control 
its  movements  euused  us  a  lot  of  trouble,  not  be¬ 
ing  able  to  get  the  proper  heat  to  produce  clinkur 
that  would  make  good  cement.  We  did  produce 
some  good  clinker  some  time  in  July  19U1.  We 
also  experienced  u  lot  of  trouble  with  the  sta¬ 
tionary  part  of  the  kiln  in  which  were  con- 

2711  tuiued  the  paddles  for  feeding  in  the  raw  ma¬ 
terial  or  chalk  to  the  revolving  kiln.  These 
paddles  would  stick,  break  oil',  due  to  the  heat, 
the  shafts  would  freeze  fust  to  the  bearings  on 
account  of  the  high  heat,  causing  us  to  shut 
down,  make  changes,  repair  them,  and  start  up 
again  to  sue  if  the  kiln,  as  it  wus,  would  make 
good  clinker.  VVe  also  had  trouble  with  one  of 
the  sections  cracking  longitudinally  from  the  lieut, 
due  to  a  ilaw  that  we  found  wus  in  this  casting. 
This  kiln  wus  finally  taken  down,  after  the  ex¬ 
periments  which  Mr.  Edison  had  conducted,  some 
time  in  October,  1901  and  then  shipped  up  to  the 

2712  Edison  Portland  Cement  Company’s  plant  at 
-New  Village,  N.  J.  To  the  best  of  my  recollec¬ 
tion,  from  the  trouble  that  we  hud  with  the 
stationary  part  of  the  150  foot  kiln  as  erected  at 
the  laboratory  of  Thomas  A.  Edison  at  West 
Orange,  N.  J.,  Mr.  Edison  decided  to  make  the 
kiln  of  fourteen  sections,  ten  feet  long,  and  two 
sections  five  feet  long,  making  a  total  length  of 
•150  feet  for  the  revolving  or  rotary  kiln,  and  it 
wus  so  erected  at  the  cement  plant,  the  necessary 
extra  five  sections  were  added,  und  also  the 

■  cracked  section  was  replaced  by  u  new  one.  Mr. 


Deposition  of  Emil  Harter.  005 

Edison's  ideu,  of  making  the  kiln  of  eust  iron  2713 
sections  as  against  steel  of  the  present  kilns  then 
in  use,  was  that  it  was  a  better  manufacturing 
proposition,  as  against  a  kiln  made  of  steel  sixty 
feet  long  as  then  in  present  use  in  1899.  The 
idea  of  the  numerous  number1  of  friction  wheels, 
supporting  the  kiln,  was  to  reduce  the  bearing 
pressures  on  the  shafts  of  the  friction  wheels,  ns 
against  a  kiln  sixty  feet  long  having  only  two 
points  of  support,  in  which  Mr.  Edison  from  his 
knowledge  wus  quite  right.  This  accounts  for  the 
Edison  kiln  and  his  original  sketch  or  sketches 
showing  the  kiln  made  of  sections.  In  July  1899 
Mr.  Darling,  who  was  then  a  mechanical  engi-  27^ 
neer,  for  the  Columbia  University  at  New  York 
City,  was  employed  as  chief  engineer  and  was 
t  chief  engineer  and  superintendent  of  the  plant 

at  New  Village  until  the  time  of  his  death  in 
March,  1903,  which  was  caused  through  the  coal 
explosion  that  occurred  at  the  plant  March  2nd, 

1903.  Tlie  100  foot  kiln,  with  its  additional  sec¬ 
tions,  was  erected  at  the  New  Village  plant,  and 
also  No.  2  kiln,  some  time  before  October  of 
1902.  I  remember  well  receiving  a  telegram  from 
Mr.  Darling  to  come  to  the  cement  plant  at  once. 

This  was  in  about  the  middle  of  August"  1902. 

When  I  arrived  at  the  cement  plant  they  had  just  0_.  ^ 
about  started  the  crusher  plant  in  operation  in  “ 
order  to  test  it  out  and  see  if  it  was  up  to  Mr. 
Edison’s  expectations,  as  lie  was  at  the  plant 
looking  after  the  starting  up  of  the  machinery 
to  see  that  everything  worked  in  proper  order. 

From  tlie  crushing  plant  the  material  was  run 
to  the  stock  house  so  that-  we  could  make  the 
proper  chalk  for  testing  the  roaster  which  lmd 
•  not  yet  at  that  time  been  started  up.  No.  I 

roaster  was  started  up  for  its  first  test  at  the 
cement  plant  about  the  middle  of  October  1902. 


90(i  Deposition  of  Emil  Herter. 

2710  1  well  recall  Mils  first  test  made  of  the  roaster 
at  the  Plant  at  New  Village.  We  started  the 
roaster  Monday  morning  and  continued  the  run 
until  Tuesday  morning,  working  in  our  clothes 
just  ns  we  came  from  Orange,  and  we  looked  like 
a  set  of  niggers  when  we  got  through  with  this 
first  experiment.  The  roaster  and  the  burner  that 
they  lmd,  also  the  coal  guns,  gnvo  no  end  of 
trouble  when  the  test  was  first  made  at  New 
Village,  being  entirely  different  from  the  test  at 
Orange  which  was  made  in  July  1901,  which  was 
no  doubt  due  to  the  added  length  of  the  kiln  of 
the  extra  fifty  feet. 

2717  BY  AGREEMENT  of  Counsel  the  depo¬ 

sition  of  Mr.  Herter  is  suspended  to  take 
the  deposition  of  Mr.  Miner. 


EMIL  HERTER,  resumes  the  stand  for  further 
direct  examination. 

Q4.  In  your  answer  to  Q2  you  said  that  in 
January  1899  Mr.  Edison  gave  you  some  sketches 
of  a  kiln  that-  he  wanted  you  to  lay  out  for  him. 
Have  you  those  sketches  here? 

A.  Yes  sir. 

2718  QB-  Are  these  the  sketches  that  you  refer  to? 

A.  Yes  sir. 

Qli.  How  many  sketches  are  there? 

Mr.  Richmond:  This  question  and  this 
line  of  questions  are  objected  to  as  calling 
for  secondary  and  incompetent  testimony. 

A.  There  are  nine  sketches. 

Q7.  Who  has  produced  these  nine  sketches? 

Q8.  Please  review  these  nine  sketches  and  state, 
if  you  know,  in  whose  drawing  and  handwriting 
the  sketches  are  and  what  they  respectively  show, 


Deposition  of  Emil  Herter.  907 

referring  to  the  sketches  as  numbers  1  to  9  in  2719 
the  order  in  which  they  now  are? 

A.  Sketch  No.  1  shows  a  hand  sketch  by  Mr. 

Edison  of  two  kilns  sixty  feet  in  length,  making 
a  total  length  of  approximately  120  feet.  The 
lower  half  of  the  sketch  is  marked  “CO,  lined  with 
shaped  brick  0  thick.”  The  upper  half  lined  with 
single  fire  brick,  the  diameter  outside  7  feet, 
five  sections  are  in  Mr.  Edison’s  handwriting. 

Flange  2y,  inches  thick,  5  incites,  also  3  feet,  20 
feet,  stack  five  feet  inside  of  lining  are  in  my 
handwriting.  The  figures  in  my  handwriting  were 
made  in  January  of  1899  and,  no  doubt  the  same 
time  that  Mr.  Edison  gave  me  these  sketches  and  2720 
explained  to  me  what  lie  wanted. 

Sketch  No.  2  shows  a  kiln  120  feet  and  appar¬ 
ently  the  30  foot  stationary  section,  also  a  cross 
section  of  a  thirty  foot  section,  which  are  in  Mr. 
Edison’s  handwriting.  The  lower  sketch  in  the 
left  hand  corner  shows  a  sketch  for  a  cooler,  25 
feet  long,  30  inches  inside  diameter,  4 t/3  inches 
of  fire  brick  and  the  discharge  end  of  the  roaster. 

No.  3  shows  a  sketch  of  a  discharge  end  show¬ 
ing  how  the  clinker  would  come  out  of  the  bot¬ 
tom,  also  the  part  of  the  coal  feeding  apparatus, 

No.  4  shows  the  side  view  of  the  upper  end  or 
feeding  end  of  the  raw  material,  showing  a  screw  2721 
in  the  brick  chamber,  showing  a  cross  section, 
showing  tlie  side  of  this  chamber  inclined  down 
to  the  screw,  showing  also  a  pulley  on  the  end  of 
the  screw  and  a  hopper  or  box  for  feeding  in  or 
supplying  the  raw  material. 

No.  5  shows  a  sketch  in  Mr.  Edison’s  hand¬ 
writing  30  feet  scratched  out,  changed  to  about 
25  feet,  another  section  25  feet,  another  section  50. 
feet  in  Mr.  Herter’s  handwriting,  the  first  section 
has  12  wrote  into  it  intended  to  mean  twelve  inch 


908.  Deposition  of  Emil  Herter. 

2722,  fli'e  brick. .  The  second  section  25  feet,  6  inch  fire 
brick,  the  third  section  D/o  inch  fire  brick.  This 
sketch  was  changed  from  Mr.  Edison's  original 
sketch,  the  first  30  foot  section  changed  to  25  feet, 
the  second  section  25  feet,  third  section  50  feet 
are  in  Mr.  Holder's  handwriting,  and  is  marked, 
changed  130  feet  long,  3-21-99.  The  change  was 
made  March  21st  1899  by  Mr.  Edison’s  directions 
iuid  these  changes  in  the  figures  are  in  my  hand¬ 
writing. 

Q9.  On  this  sketch  No.  5  appears  this  nota¬ 
tion,  “change— 130  ft,  long.  3-21-99”.  In  whose 
handwriting  is  this  notation,  and  on  what  date 
2723  WaS  U  ma<ie? 

A.  This  is  in  my  handwriting  and  was  made  on 
March  21st,  1899. 

Q10.  Please  continue  your  description  of  the 
sketches. 

A.  Tlie  lower  sketch  shows  a  roaster  repre¬ 
sented  by  a  line  and  is  marked  6  on  the  left  hand 
end,  and  above  the  line,  1,  2,  3,  5,  G,  7,  8,  9,  and 
-  below  the  line,  10,  10,  10,  10,  10,  four  spaces  with¬ 
out  any  figures,  the  last  space  5.  These  figures 
5,  five  10s,  four  blank  spaces,  and  5,  on  the  right 
hand  end,  were  intended  to  represent  a  kiln  100 
feet  in  length. 

I  would  say  the  lower  sketcli  on  sheet  5  just 
described  above  is  in  my  handwriting. 

Sketch  No.  G  is  in  Mr.  Edison’s  handwriting, 
showing  a  cross  section  of  kiln,  two  hearing  or  fric¬ 
tion  wheels,  showing  a  large  gear,  small  pinion, 
showing  a  plan  view  of  kiln  showing  one  section 
with  thrust  ring,  thrust  wheel,  plan  of  sketch  show¬ 
ing  a  gear,  two  bearings,  a  pair  of  beveled  gears 
and  a  clutch.  ....... 

Sketch  No.  7,  which  is  in  Mr.  Edison’s  handwrit¬ 
ing,  shows  the  feeding  end  of  a  kiln  for  the  raw 
material,  also  shows. the  brick  stack,  shows  a  stack 
24  inches,  stack  red  brick  lined  or  cheap  fire  brick 


Deposition  of  Emil  Eerier.  909 

up  15  feet,  water  tubes  to  heat  water  for  boiler  2725 
are  shown  in  this  brick  section;  holes  for  remov¬ 
ing  dust  are  shown. 

Sketch  No.  8  shows  the  discharge  end  of  roaster 
or  kiln,  showing  cooler  or  chute,  showing  by  shaded 
lines  clinker  partly  filling  the  chute  up,  showing 
hy  arrows  intended  for  air  to  he  drawn  up  through 
the  chute  and  feeding  or  blowing  air  into  the  coal 
apparatus.  This  sketch  is  in  Mr.  Edison’s  hand¬ 
writing. 

Sketch  No.  9  shows  one  of  the  half  sections  at 
the  feeding  end  of  the  kiln,  shows  the  brick  chamb¬ 
er  with  its  screw  conveyer  witlr  a  pulley  on  the  end 
of  the  screw:  for  revolving  the  same,  shows  a  stack,  2726 
ulso  shows  a  cross  section  showing  the  screw  in 
the  bottom  of  the  brick  chamber  with  the  stack 
on  top,  and  two  lines  to  represent  the  sides  in¬ 
clined  towards  the  screw.  This  sketch  is  also  in 
Mr.  Edison’s  handwriting. 

Qll.  In  your  answer  to  Q2  you  spoke  of  clinker 
that  was  bought  in  June  1899.  Do  you  recollect 
from  what  company  that  clinker  was  bought? 

A.  Lehigh  Portland  Cement  Company. 

Q12.  Do  you  recollect  any  occurrence  between 
you  and  Mr.  Edison  with  reference  to  that  clinker? 

A.  Yes  sir.  We  had  a  pair  of  grinding  rolls, 
and  in  trying  to  grind  the  clinker  it  flaked,  that  is,  2727 
in  other  words,  it  would  not  pulverize  fine.  The 
outside  of  the  clinker  being  apparently  black,  and 
the  inside,  when  broken  open  with  a  hammer,  had 
a  yellow  appearance,  which  showed  that  the  clinker 
was  not  properly  burned  so  that  it  could  be  pulver¬ 
ized  to  a  fine  powder  in  the  grinding  rolls  that  we 
had  used  for  other  experiments. 

Q1S.  What,  if  anything,  did  Mr.  Edison  say  to 
you  on  this  occasion? 

A.  He  asked  me  to  crack  three  or  four  of  the 
pieces  with  a  hammer  and  they  all  showed  this 


Deposition  of  Emil  Holder. 


911 


910  Deposition  of  Emil  Herter. 

2728  yellow  center.  He  said  right  away  tlmt  tlmt  clink¬ 
er  was  underburned. 

Q14.  I  sliow  you  the  four  blueprint  photographs 
dated  September  16tli,  28,  and  October  7,  Octo¬ 
ber  7,  1899  and  the  first  tlirqe  photographs  dated 
April  1,  1900,  all  seven  of  which  have  been  offered 
in  evidence,  and  are  contained  in  the  book  of  photo¬ 
graphs  of  tile  Edison  Portland  Cement  Company. 

Please  state  what  you  know  about  these  photo¬ 
graphs? 

A.  Tile  blueprint  photograph  dated  September 
10,  1899  shows  two  models  of  the  two  100  foot  kilns 
with  tile  50  foot  brick  extension,  erected  in  the 

2729  model  house  ut  the  laboratory  of  Thomas  A.  Edi¬ 
son,  West  Orange,  N.  J.  It  also  shows  the  dis¬ 
charge  end  In  front  of  one  of  the  models,  shows 

the  cooler  at  one  end  resting  on  a  wooden  horse,  «; 

shows  the  discharge  end  of  thu  other  model  set¬ 
ting  on  the  floor,  shows  a  small  pair  of  rolls.  The 
photograph  dated  September  28,  1899  shows  the 
model  of  the  two  roasters,  the  two  discharge  ends, 
the  two  brick  chambers  ut  the  feeding  end,  also 
the  stack,  shows  the  roaster  sections  of  the  model, 
shows  the  friction  wheels  for  the  roaster,  shows 
the  friction  wheels  for  the  cooler,  also  shows  the 
outline  of  the  trusses  of  the  roaster  building, 

2780  shows  a  small  pair  of  rolls. 

The  first  photograph  October  7th,  1899  shows 
the  model  of  the  roaster,  shows  the  feeding  eiid  for 
the  raw  material,  shows  the  stack,  shows  the  model 
of  the  building. 

The  second  photograph  October  7th,  1899 
shows  the  feeding  end  of  the  roaster  model,  show¬ 
ing  the  50  foot  brick  chamber,  and  showing  the 
feeding  mechanism  for  bringing  the  raw  material 
through  the  roaster  model.  This  model  shown  by 
blueprint  photogrnphs  September  10th,  September 
28,  October  5th,  October  7th,  and  October  7th  was 


made  on  a  scale  of  two  inches  to  the  foot,  and  was  2731 
erected  under  my  directions.  These  four  blue¬ 
print  photographs  were  taken  by  myself  at  the 
direction  of  Mr.  Mallory.  These  dates  September 
10,  show  the  stage  of  how  far  the  work  on  the 
model  had  progressed,  also.,  September  28th,  Octo¬ 
ber  7th  and  October  7th  show  how  far  the  work 
had  progressed.  These  photographs  were  taken 
September  10th,  September  28th,  October  7th  and 
October  7th,  1899  by  myself,  with  my  own  camera. 

Q15.  Are  the  dates  marked  on  those  blueprint 
photographs  reproductions  of  the  dates  marked  on 
the  negatives  or  are  they  dates  which  were  marked 
on  the  blueprints?  2782 

A.  They  are  from  dates  marked  on  the  negatives 
as  soon  as  they  were  dry,  and  the  date  as  given  on 
■>  each  shows  the  day  when  they  were  taken. 

QIC.  Now  please  describe  the  first  three  photo¬ 
graphs  marked  April  1st,  1900,  and  state  when 
those  photographs  were  taken? 

A.  The  photograph  on  the  top  of  the  page  shows 
the  roaster  or  the  experimental  roaster  kiln  in 
the  yard  of  the  laboratory  of  Thomas  A.  Edison, 
Orange,  N.  J.  and  shows  that  the  kiln  is  all  up 
with  the  exceptions  of  the  last  section  at  the  dis¬ 
charge  end.  This  photograph  was  also  taken  with 
my  camera  on  April  1st,  1900.  The  photograph  2733 
on  the  lower  half  of  the  page  shows  more  of  a 
side  view  of  the  kiln,  showing  the  kiln  without 
the  last  section  attached  to  it,  shows  the  support¬ 
ing  wheels,  and  also  shows  brackets,  hearings, 
shows  the  50  foot  brick  extension  at  the  upper 
or  feeding  end,  and  was  also  taken  with  my  cain- 

t  The  third  photograph  shown  on  the  upper  half 

of  the  next  page  shows  the  upper  end  of  the  kiln 
50  feet  in  length,  shows  the  bearings  for  the  pud¬ 
dles  to  feed  the  raw  material  in  the  stationary 


5)12  Deposition  of  Emil  Holder. 

2784  part,  imcl  the  ro tilting  part  of  the  100  foot  kiln. 
This  photograph,  as  well  as  the  other  two,  and  all 
marked  April  1st,  was  taken  with  my  camera  by 
a  Mr.  Damon  as  I  was  sick  at  the  time  this  work 
had  progressed  so  far. 

Q17;  in  your  last  answer  yon  say  that  the  first 
photograph  of  April  1st,  1900  “shows  thut  the 
kiln  is  all  up  with  the  exception  of  the  last  section 
at  the  disclmrgu  end”.  I  assume  that  you  mean 
only  the  rotary  or  100  foot  part  of  the  kiln.  Is 
thut  correct? 

A.  Vcs  sir. 

Q18.  Do  the  photographs  of  April  1st,  1900 

2735  show  any  lining,  or  burning  apparatus,  or  stack? 
A.  No  sir. 

Q19.  Do  you  recollect  overhearing  any  conver¬ 
sation  at  Euston,  I'a.,  in  1902  about  the  Edison 
long  kiln;  and  if  so,  state  what  place  it  was  and 
what  was  said? 

Ma.  Richmond  :  Objected  to  as  secondary 
and  incompetent. 

Mb.  Hicks:  The  question  calls  for  direct 
testimony  concerning  statements  made  at 
tile  time  and  place  inquired  about,  tending 
to  show  the  opinion  entertained  at  the  time. 

2730  A.  In  August  1902  when  I  went  to  the  cement 
plant  at  New  Village  from  Orange,  Mr.  Darling, 
chief  engineer  and  superintendent  of  the  plant  of 
the  Edison  Portland  Cement  Company  at  New 
Village,  sent  me  to  Easton,  Pa.,  to  the  United 
States  Hotel  for  my  lodgings  or  board,  as  the  house 
at  New  Village  was  not  large  enough  to  accommo¬ 
date  another  person  for  sleeping  over  night,  and 
being  at  the  hotel  in  the'  evening  and-  also  at  the 
supper  table  I  heard  some  of  the  men  sitting 
around  me  tnlkirig  about  the  foolish  move  the  ' 


Deposition  of  Emil  Hertcr. 


913 


Edison  Portland  Cement  Company  were  making  in  2737 
putting  in  rotary  kilns  150  feet  in  length,  and 
made  of  cast  iron  sections.  These  conversations  of 
these  men  were  almost  made  nightly  at  the  supper 
table,  and  also  after  supper  outside  in  front  of 
the  hotel  I  heard  for  about  ten  weeks  the  remarks 
us  they  put  them,  and  they  laughing  over  them 
seemed  to  enjoy  them  very  much,  not  knowing  that 
one  amongst  their  midst  was  from  the  Edison 
pluut.  I  enjoyed  these  remarks  and  sat  there,  as 
my  experience  and  my  relations  with  Mr.  Thomas 
A.  Edison  in  the  last  twenty-four  years  have 
proved  that  he  is  a  pretty  good  guesser  when  he 
undertakes  to  outline  some  new  invention  of  his,  2788 
und  the  kilns  in  question  have  no  doubt  more 
than  proved  the  correctness  of  ills  ideas. 

Q20.  Prom  the  conversations  of  these  men  did 
they  seem  to  be  men  engaged  at  that  time  in  the 
cement  business? 

Mb.  Richmond  :  Same  objection  and  also 
objected  to  as  leading  and  conjectural. 

A.  Yes  sir. 

Adjourned  to  October  19th,  at  10:30  A.  M. 

New  York,  October  19tli,  1912.  2780 

Met  pursuant  to  adjournment. 

Present:  Parties  as  before. 

EMIL  HERTER,  resumes  the  stand. 

Dibbct  examination  continued  by  Mb.  Hicks: 

Q21.  Prom  your  previous  answer  I  understand 
that  all  of  Bketeh  No.  1  and  the  writing  thereof 
were  made  by  Mr.  Edison  except  that  you  wrote 
thereon  the  following  words  “flange  2 y2  inches 


Deposition  of  Emil  Herter. 


m.4 

2740  thick  5  inclies”,  unci  along  side  of  the  Black  the 
words  “3'  —  0 ;  20'  —  0 ;  stack  —  5'  —  0,  inside  of 
lining".  Is  this  correct? 

Mr.  Richmond  :  Objected  to  as  leading,  or 
useless  repetition. 

Mr.  Hicks  :  The.  witness  has  already  de¬ 
scribed  these  sketches  in  his  own  way.  Eor 
the  convenience  of  the  Court,  these  ques¬ 
tions  are  now  put  in  order  that  the  nota¬ 
tions  made  by  the  witness  may  be  brielly 
and  clearly  differentiated  from  the  drawings 
and  writings  made  by  Mr.  Edison. 

2741  A'  Xm.  sir. 

Q22.  On  sketch  No.  2  I  understand  that  all  was 
made  by  Mr.  Edison  except  tlint  in  the  lower  left 
hand  corner  there  is  u  sketch, of  a  cooler  with  fig¬ 
ures  “41/2" — 30"  :4 25'  —  0”  thereon  made  by 
you  and  except  that  in  the  upper  left  hand  corner 
there  is  a  triungie  bearing  the  figures  “i/2”  and  “12” 
and  to  the  right  of  the  triangle  the  figures  “•/£  = 
1  ft.”  made  by  you.  Is  this  correct? 

A.  Yes  sir. 

Mr.  Richmond  :  Same  objection  and  also 
objected  to  on  the  ground  that  this  is  not 
the  best  evidence,  but  that  Mr.  Edison  hirn- 

■2742  self  should  testify  in  regard  to  these  -mat- 

Mr.  Hicks:  If  Defendant’s  Counsel  de¬ 
sires  the  testimony  of  Mr.  Edison,  who,  as  is 
well  known  is  quite  deaf,  why  didn’t  defend¬ 
ant’s  Counsel  call  bun  os  a  witness? 

Mr.  Richmond:  Because  Complainants’ 

,  Rebuttal  testimony  was  not  known  to  de¬ 

fendant’s  counsel  when  defendant’s  reply 
testimony  was  being  taken. 

Mr.  Hicks:  Complainants’  Counsel  re¬ 
gards  the  objection  made  as  utterly  absurd. 


Deposition  of  Emil  Herter.  915 

Q23.  Referring  to  sketch  No.  3  I  understand  2743 
that  sketch  No.  3  was  all  made  by  Mr.  Edison.  Is 
this  correct? 

Mr.  Richmond:  Same  objections. 

Mr.  Hicks  :  Complainants’  Counsel  under¬ 
stands  that  the  objections  made  by  defend¬ 
ant’s  Counsel  to  these  questions  in  regard 
to  these  nine  sketches  are  to  be  understood 
as  being  made  to  each  question  put. 

A.  Yes  sir. 

.  Q24.  With  regard  to  sketch  No.  4  I  understand 
that  sketch  No.  3  was  all  made  by  Mr.  Edison.  Is 
this  correct?  2744 

Sin.  Richmond:  Same  objections. 

A.  Yes  sir. 

Q25.  With  regard  to  sketch  No.  5  I  understand 
that  the  sketch  and  the  writing  thereon  were  all 
made  by  Mr.  Edison  except  that  the  following  no¬ 
tation  “25'  about;  25'  — 0;  50'  —  0";  change _ 

130  ft.  long.  —3  —  21  —  00”  and  all  below  these 
quoted  figures  were  made  by  you.  Is  this  correct? 

Mr.  Richmond  :  Same  objections. 

A.  Yes  sir. 

Q2G.  Referring  to  sketches  Nos.  6,  7,  8  and  0,  I 
understand  that  the  sketches  No.  6,  7,  8  and  0  and  -274e 
the  writings  thereon  were  all  made  by  Mr.  Edison. 

Is  this  correct? 

Mu,  Richmond:  Same  objections, 

A.  Yes  sir. 

Q27.  Please  state  the  circumstances  by  reason 
of  which  you  made  your  marks  or  notations  upon 
such  of  these  nine  sketches  as  bear  any  marks  or 
notations  made  by  you? 

A.  These  notations  made  on  these  sketches  were 
put  on  there  so  that  I  would  remember,  when  Mr. 


910 


Deposition  of  Emil  Herter. 


Deposition  of  Emil  Herter. 


'2746  Edison  explained  the  sltetches  to  me,  what  he  had 
in  his  mind. 

Mr.  Eioics:  Sketch  No.  1,  having  been 
offered  in  evidence  after  the  answer  to  QL6 
in  the  deposition  of  Mr.  Mallory,  the  re¬ 
maining  eight  sketches  are  offered  in  evi¬ 
dence  and  marked  as  follows; — 
Complainants’  Exhibit,  Edison  Sketch 
No.  2,  January,  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  3,  January  1899  ; 

Complainants’  Exhibit,  Edison  Sketch 
No.  4,  Junuary  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  5,  January  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  6,  January  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  7,  January  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  8,  January  1899; 

Complainants’  Exhibit,  Edison  Sketch 
No.  9,  January  1899. 

Mr.  Richmond:  These  sketches  are  ob¬ 
jected  to  as  not  properly  proved  and  as  not 
constituting  the  best  evidence.  It  might 
be  that  if  Mr.  Edison,  who  is  alleged  to  have 
had  a  large  share  in  making  the  sketches, 
were  here,  he  could  answer  questions  about 
their  significance,  and  could  explain  his 
ideas  which  these  sketches  are  supposed  to 
illustrate. 

Mr.  Hicks  :  The  objection  that  the 
sketches  are  not  properly  proved  is  mean¬ 
ingless  since  the  witness  has  testified  that 
the  sketches  are  in  the  drawing  and  hand¬ 
writing  of  Mr.  Edison,  with  the  few  excep¬ 
tions  noted,  nnd  were  delivered  by  Mr.  Edi¬ 


son  to  the  witness  in  January,  1899  ac-  2749 
companied  by  explanations  made  by  Mr. 
Edison  to  the  witness.  As  Complainants’ 
Counsel  understands  the  objection  it 
amounts  merely  to  this;— That  the  sketches 
have  been  proved  by  one  competent  witness 
instead  of  being  proved  by  some  other  wit¬ 
ness. 

Q28.  In  your  answer  to  Q3  you  said  “We  started 
the  roaster  Monday  morning  and  continued  the 
run  until  Tuesday  morning,  working  in  our 
clothes  just  ns  we  came  from  Orange,  and  we  looked 
like  a  set  of  niggers  when  we  got  through  with 
the  first  experiment”.  Whom  do  you  refer  to 
by  “wo”  in  the  passage  quoted? 

A.  Mr.  Edison,  Mr.  Darling,  Mr.  Mason,  and  the 
burner  and  myself. 

Q29.  Where  did  you  find  the  nine  sketches  by 
Mr.  Edison  to  which  we  have  been  referring,  and 
before  you  produced  them  at  this  examination? 

A.  I  found  them  at  the  laboratory  of  Mr.  Edi¬ 
son  in  a  box  of  negatives,  being  in  between  each 
negative  to  preserve  the  negatives  from  being 
scratched. 

Q30.  What  negatives  were  those? 

A.  The  negatives  of  the  photographs  of  the  blue¬ 
prints  of  the  model  of  the  roaster.  The  negatives  ^751 
were  dated  September  16th,  1899,  September  28th, 
October  5tli,  October  7tli  and  October  7th,  1899. 

Direct  Examination  Closed. 


Cross  examination  iiv  Mil  Richmond: 

XQ31.  Were  you  a  mechanical  engineer  for  the 
Edison  Portland  Cement  Company? 

A.  Yes  sir. 


918 


Deposition  of  Emil  Horten. 


'  2752  XQ32.  You  state  in  your  answer  to  Q3  that  in 

January  1S99  Mr.  Edison  gave  you  some  sketches. 
How  do  you  fix  this  date? 

A.  Tlie  New  Jersey  and  Pennsylvania  Concen¬ 
trating  Works  at  Edison,  N.  J.  closing  down  in  the 
fore  part  of  December  of  1898,  I  was  told  to  report 
to  Orange  at  the  laboratory  of  Mr.  Edison  for 
further  work.  The  month  of  December,  when  I 
came  to  the  laboratory,  I  finished  up  some  draw¬ 
ings  for  some  changes  that  were  made  on  a  small 
pair  of  rolls  that  we  had  at  the  laboratory  that 
were  used  for  crushing  stone,  and  that  took  me 
probably  all  of  December  as  I  had  to  make  both 
2758  my  drawings  and  tracings  having  no  one  else  to 
help  me  at  the  time,  and  1  am  quite  positive  that 
these  sketches  were  handed  to  me  by  Mr.  Edison  in 
the  fore  part  of  January  of  1899. 

XQ33.  Did  he  make  the  sketches  in  your  pres¬ 
ence? 

A.  No  sir. 

XQ34.  What  was  the  date  when  you  began  to 
lay  out  a  general  plan  of  the  present  Edison  Port¬ 
land  Cement  Company’s  plant  at  New  Village? 

A.  Some  time  in  July  of  1899. 

XQ35.  1  understand  that  you  had  the  kiln  sec¬ 
tions  about  all  on  their  friction  wheels  or  bear- 
-2754  ings  at  the  laboratory  by  April  1999,  but  that  the 
kiln  was  not  fired  up  or  started  until  some  time 
in  the  latter  part  of  .  June,  1901;  wlmt  was  the 
cause  of  this  long  delay? 

A.  In  order  to  get  all  the  material,  and  especial¬ 
ly  the  fire  brick  which  was  special  fire  brick, 
none  of  the  manufacturers  of  fire  brick  were  will¬ 
ing  to  accept  the  order,  for  these  corrugated  brick 
was  largely  the  cause  of  the  roaster  not  being  able 
to  be  fired  up  before  about  June  1901,  also  the  coal 
gun  we  were  making  for  the  roaster,  we  had  to: 

.  design  and  make,  took  us  quite  some  time  before 
it  would  work,  and  when  we  did  try  it  in  June  it 


2755 


Deposition  of  Emil  Hertcr.  919 

laid  down  and  would  not  work.  In  trying  to  run 
it  for  ten  hours,  being  different  from  a  test,  where 
we  only  tried  it  for  about  an  hour  before,  and  tak¬ 
ing  a  brand  new  kiln  lined  with  fire  brick  twelve 
inches  .thick  was  almost  impossible  to  get  up  a 
heat  by  having  the  coal  gun  lay  down  and  refuse 
to  work  about  every  hour  or  so.  This  caused  con¬ 
siderable  delays. 

XQ3C.  Did  you  know  anything  about  any  of  tbe 
flanges  of  the  cast  iron  kiln  sections  breaking 
there  at  the  laboratory? 

A.  No,  sir,  not  ut  the  laboratory.  The  kiln 
flanges  did  not  start  to  break  on  roasters  1  and  2 
until  after  1993.  I  might  state  that  the  kiln  flanges  2756 
as  now  built,  on  roasters  1  and  2,  and  all  other 
roasters  at  the  Edison  Portland  Cement  Plant  are 
lined  with  a  steel  shoe,  or  tire. 

XQ37.  Speaking  of  your  first  experiment  at  New 
Village  you  said  “The  roaster  and  the  burner  that 
they  had,  also  the  coal  guns,  gave  no  end  of  trou¬ 
ble  *  *  Just  wliat  did  you  refer  to  by 
the  word  “burner”? 

A.  The  operator  operating  coal  guns  or  burner. 

XQ38.  You  mean  the  man,  do  you? 

A.  Yes  sir. 

XQ39.:  Was  he  incompetent? 

A.  The  kiln  at  New  Village  being  159  feet  long  2757 
was  a  different  proposition  from  a  kiln  as  used 
through  the  cement  region  at  that  time  which  was 
only  from  40  to  00  feet  long. 

XQ40.  I  don’t  think  you  have  quite  answered 
the  question ;  was  he  incompetent? 

Me.  Hicks:  Objected  to  os  calling  for  a 
conclusion,  and  the  opinion  of  the  witness. 

A.  I  have  no  doubt  that  he  was  the  best  man 
that  Mr.  Darling,  chief  engineer,  and  superintend¬ 
ent  of  the  plant,  could  procure  as  a  cement  burner 
to  run  the  kiln. 


Hit.  Hioks  :  Smile  objection.  Incompe¬ 
tent  means  nothing.  Incompetent  for  what? 


A.  While  he  may  have  been  able  to  successfully 
operate  a  40  or  00  foot  kiln,  he  could  not,  at  the 
first  experiment  of  the  roaster  at  New  Village, 
operate  successfully  the  150  foot  kiln. 


XQ42.  What  were  the  names  and  addresses  of 
the  men  whom  you  heard  talking  at  Easton  for 
about  ten  weeks? 


A.  That  I  do  not  kno 
XQ43.  What  was  the 
'  2750  you  mentioned  in  answei 


XQ43.  What  was  the  name  of  that  burner  that 
you  mentioned  in  answer  to  Q28? 

A.  That  I  cannot  remember. 

XQ44.  When  was  it  that  you  found  the  nine 
sketches  in  the  box  of  negatives? 

A.  I  think  in  about  the  middle  of  May  1912. 

XQ45.  Please  state  the  circumstances  briefly, 
and  whether  you  were  making  a  search  for  them  or 
for  something  else? 

A.  I  was  making  a  search  for  all  drawings  that 
I  could  find  that  related  to  the  No.  1  roaster  as 
erected  at  the  laboratory  of  Mr.  Edison  in  1900, 
and  1901. 

XQ4G.  What  is  your  present  relation  to  the  Edi¬ 
son  Portland  Cement  Company? 

A.  I  am  not  connected  at  present  with  the  Edi¬ 
son  Portland  Cement  Company. 

XQ47.  By  wlmt  means  did  you  fix  the  dates  of 


lien  you  were  answering  Q30  didn’t 
:tes  from  the  exhibit  photographs 
e  other,  and  read  them  off  in  mak- 


Deposition  of  Emil  Herter.  921 

XQ49.  Does  Sketch  No.  1  show  water  tubes  at  3701 
the  base  of  the  stack? 

A.  Yes  sir. 

XQ50.  Can  you  tell  from  this  sketch  whether 
the  two  60  foot  kilns  were  intended  to  be  of  cast 


A.  That  was  explained  to  me  by  Mr.  Edison 
when  he  handed  me  these  sketches,  that  they  were 
to  be  of  cast  iron. 

XQ51.  Does  Sketch  No.  2  show  a  worm  or  screw 
conveyer  to  advance  the  cement  material  in  the  sta¬ 
tionary  30  foot  section? 

A.  It  does. 


T 


922  Deposition  of  Emil  Herter. 

2704  XQ52.  Does  Sketch  No.  8  show  holes  through 

the  sides  of  the  kiln  nenr  its  lower  end  for  the 
clinker  to  drop  through? 

A.  Yes  sir. 

XQ53  Referring  to  sketch  No.  G,  what  are  the 
three  approximately  rectangular  outlines  at  thu 
lower  right  bund  portion  of  the  sheet? 

A.  I,  should  say  from  my  present  recollection, 
they  would  represent  three  kilns. 

XQ54.  Do  you  know  what  was  the  idea  in 
representing  these  three  kilns  side  by  side  on  this 
sheet? 

A.  Yes,  the  idea  wub  to  have  one  line  shaft 
27615  operating,  with  beveled  gears  and  clutches,  a 
number  of  kilns  us  was  then  the  practice  in  the 
cement  plants  in  the  Lehigh  region. 

XQ55.  You  spoke  of  making  a  search,  I  under¬ 
stand  ubout  the  middle  of  May,  1912  for  all 
drawings  that  you  could  And  that  related  to  thu 
No.  1  roaster  as  erected  at  the  laboratory  of  Mr. 
Edisou  in  1900  and  1901.  Have  all  the  drawings 
that  you  found  for  that  search  been  offered  in 
evidence  or  produced  in  this  case? 

A.  Yes  sir.  I  might  add  all  working  drawings 
that  were  at  the  laboratory  relating  to  the  cement 
plant  and  model  roaster  were  burned  up  some 
2760  time  in  1910,  as  Mr.  Edison  wanted  tbe  room 
where  they  were  stored  in  for  other  experimental 
purposes. 

XQ5G.  Are  these  nine  sketches  all  the  sketches 
that  you  found  pertaining  in  any  way  to  the 
same  subject  matter,  when  you  made  your  search 
in  or  about  May  1912? 

A.  Yes  sir. 

XQ57.  Do  you  mean  that  in  1910,  by  Mr. 
Edison’s  direction,  all  working  drawings  at  the 
laboratory,  relating  to  the  laboratory  kiln  or  the 
models  thereof,  were  burned?  •  ■■■ 


Deposition  of  Emil  FTcrter.  923 

A.  Yes  sir,  and  all  other  drawings  that  be-  2707 
longed  to  the  New  Jersey  &  Pennsylvania  Con¬ 
centrating  Works. 

Mn.  Hicics  :  The  question  and  answer  ob¬ 
jected  to  in  that  it  does  not  appear  that 
any  working  drawings  relating  to  the 
laboratory  kiln  or  the  models  thereof  were 
at  the  laboratory  when  the  burning  took 
place  in  1910.  Mr.  Mason’s  drawing  dated 
November  23rd,  1899  for  the  100  foot 
rotary  part  of  the  laboratory  kiln  is  in 
evidence. 

Mb.  Richmond:  Defendant’s  Counsel  re¬ 
lies  on  the  second  part  of  the  answer  to  2768 
XQ55,  as  between  this  and  the  statement  of 
Complainants’  Counsel. 

Mu.  Hicks:  If  Defendant’s  Counsel 
thinks  the  point  at  all  material,  he  can 
make  it  clear  now,  and  should  do  so. 

Mb.  Richmond:  Inasmuch  as  it  seems 
clear,  Defendant’s  Counsel  will  not  unduly 
prolong  this  record. 

Cnoss  Examination  Closed. 


Re-dibect  examination  by  Mb.  Hicks: 

RDQ58.  Referring  to  your  answer  to  XQ55, 
were  you  at  the  laboratory  in  1910  at  the  time 
that  the  burning  of  things  referred  to  by  you 
took  place,  I  mean  were  you  present  at  any  such 
burning? 

A.  No  sir. 

RDQ59.  Did  you  examine  the  things  that  were 
burned? 

A.  No  sir. 

RDQG0.  In  view  of  your  last  two  nnswera  I 
understand  that  all  that  you  meant  by  your 


924  Deposition  of  Emil  Harter.  ~ 

answer  to  XQ55  was  that  if  any  working  draw¬ 
ings  relating  to  the  cement  plant  and  model 
roaster  wore  at  the  laboratory  at  the  time  the 
burning  took  place,  they  were  burned,  so  far  as 
you  know? 

Mu.  Richmond:  Objected  to  as  grossly 
leuding. 

Mu.  Hicks:  The  witness  having  clearly 
shown  that  lie  has  no  actual  knowledge  of 
what  was  burning,  it  is  thought  that  the 
question  is  proper. 

A.  Yes. 

RDQG1.  Referring  to  XQ32  and  your  answer 
thereto,  with  regard  to  how  you  fix  the  date  of 
January  1890,  when  you  say  Mr.  Edison  gave  you 
the  nine  sketches;  does  the  date  March  21,  1899 
in  your,  handwriting  on  the  sketch  No.  5  assist 
you  in  fixing  the  date  of  January  1899? 

Mu.  Richmond:  Objected  to  as  leading. 

A.  Yes,  it  does. 

RDQG2.  Referring  to  XQ34  and  your  answer 
thereto,  please  state  whether  the  general  plan 
which  you  laid  out  was  intended  for  use  directly 
in  connection  with  the  models  for  the  laboratory 
kiln,  or  for  the  Now  Village  plant? 

A.  For  the  model  erected  at.  the  laboratory.  ■ 

RDQG3.  Are  you  n  member  of  any  society  of 
mechnnicnl  engineers? 

A.  Yes  sir,  I  have  been  a  member  of  the  Amer¬ 
ican  Society  of  Mechanical  Engineers  since  June, 
1894,  and  did  join  at.  Mr.  Edison’s  request. 

RDQG4.  Who  requested  you  to  search  for  all 
the  drawings  relating  to  roaster  No.  1  as  erected 
at  the  laboratory? 

A.  Mr.  Hicks. 

RDQG5.  Referring  to  sketch  No.  2,  please  slate 
whether  when  the  150  foot  kiln  was  erected  ul  the 


Deposition  of  Emil  Herter.  925 

laboratory  a  screw  conveyer  extended  through  3773 
tiie  50  foot  brick  chamber? 

A.  No  sir. 

RDQGG.  Referring  also  to  sketch  No.  2,  please 
state  whether  the  cross  section  of  the  brick 
chamber  wus  similar  to  the- cross  section  shown 
on  the  lower  part  of  sketch  No.  2? 

A.  No  sir.  The  cross  section  of  the  brick  sec¬ 
tion  of  the  experimental  kiln  as  erected  at  the 
laboratory  was  straight  or  fiat  on  the  bottom. 

Re-Direct  Examination  Closed. 


Re-chons  examination  by  Jin.  Richmond  :  •  2774 

RXQG7.  Are  these  nine  pencil  sketches  that  you 
have  discussed  the  ones  that  you  referred  to  in 
the  first  sentence  of  your  answer  to  Q3? 

A.  Yes  sir. 

RXQG8.  Are  these  nine  sketches  all  the  sketches 
that  Mr.  Edison  handed  you  at  about  that  time 
in  that  connection? 

A.  Yes  sir. 

RXQG9.  You  then  say  “I  made  paper  drawings 
of  this  kiln”;  where  are  they? 

A.  They  cannot  be  found.  Those  are  the  ones 
I  was  looking  for  in  Jlay  1912. 

RXQ70.  Then  you  say  that  in  March  1899  2776 
you  made  a  drawing  of  a  section  of  a  kiln  8 
feet  in  outside  diameter,  etc;  where  is  it? 

A.  It  cannot  he  found. 

RXQ71.  Then  you  say  that  after  you  tested  the 
full  size  sections  you  made,  “We  then  made 
some  more  drawings  changing  the  inclination  of 
the  cylinder”.  Where  are  these  additional  draw¬ 
ings? 

A.  They  cannot  be  found. 

RXQ72.  Why  cannot  all  these  drawings  lie 


Deposition  of  Emil  Herter. 


■2770  found;  cnu  you  give  any  explanation  for  your 
failure  to  find  them? 

Mr.  Hicks:  Objected  to  unless  the  wit¬ 
ness  knows.  If  the  witness  knows,  com- 
plaiimnts’  Counsel  will  be  glad  to  have  him 
state  the  facts;  but  any  conjecture  is  ob¬ 
jected  to. 

Mk.  Richmond:  Defendant’s  Counsel 
would  be  only  too  glad  if  the  witness  were 
given  a  chance  to  state  what  he  knows 
without  tliese  preliminary  suggestive  re¬ 
marks  by  Counsel  for  Complainants. 

Mu.  Hicks:  Then  if  what  defendant’s 
2777  Counsel  says  is  said  in  good  faith,  let  him 

withdraw  his  question,  and  ask  the  wit¬ 
ness  directly  as  a  preliminary  question 
whether  he  knows  or  not.  »■ 

A.  Well,  I  have  spent  over  three  weeks  in 
looking  for  those  drawings,  and  as  the  things 
in  the  room  that  had  those  drawings  in  and 
also  the  drawings  from  the  New  Jersey  &  Penn¬ 
sylvania  Concentrating  Works  were  burned  up 
at  Mr.  Edison’s  directions,  I  have  been  nnalile 
to  find  any  drawings  relating  to  the  model  kiln 
that  was  erected  at  the  laboratory  in  1900  and 
1901,  excepting  the .  nine  pencil  sketches  that 
have  been  produced. 

Mu.  Hicks:  Answer  objected  to  ns  spec¬ 
ulative  and  a  conclusion,  the  witness  lias 
said  that  he  was  not  present  at  the  burn¬ 
ing  and  that  he  did  not  examine  the  tilings 
burned. 

Rb-Cuoss  Examination  Closed. 

Deposition  Closed. 

EMIL  HERTEH.  \ 


Proofs  Closed. 


Le^Cl  Box  )52L 


District  Court  of  the  United  States, 

SOUTHERN  DISTRICT  OR  NEW  YORK. 


THOMAS  A.  EDISON  and  NORTH  l 
AMERICAN  PORTLAND  CEMENT  I 
COMPANY,  /  In  Equity 

Complainants,  I  }{o.  2-1C 

Patent 

ALSEN’S  AMERICAN  PORTLAND  CE-  ^  No.  802,031. 
MENT  WORKS, 

Defoe 


Complainants'  Brief  .on  Final  Hearing, 


Louts  Hicks, 

Solicitor  dn<l  couiuel  for  complainants, 

71  Nassau  Street, 


SUMMARY  AND  INDEX  OF  COMPLAINANTS'  ARGUMENT. 


LEGAL  DEPARTMENT  RECORDS 
MOTION  PICTURES 


This  material  consists  of  correspondence,  court  documents,  and  other 
items  relating  to  patent  interference  proceedings,  infringement  suits,  and  other 
legal  actions  involving  motion  pictures.  Included  are  documents  pertaining  to 
infringements  of  the  patents  of  other  inventors,  copyright  infringements,  the  use 
of  trade  names,  color  photography,  and  the  development  of  a  waterproof 
coating  for  motion  picture  films.  Also  included  are  items  from  five  patent 
interference  cases  involving  automatic  shutters  used  in  film  projectors  for  fire 
safety.  In  addition,  there  are  case  files  for  several  suits  brought  against  the 
Motion  Picture  Patents  Co.,  the  General  Film  Co.,  and  their  licensees  by 
independent  motion  picture  exhibitors  and  by  the  federal  government.  Most  of 
the  selected  items  coverthe  years  1 899-1910,  but  some  of  the  correspondence 
folders  and  case  files  extend  into  the  1 91  Os. 

Less  than  1 0  percent  of  the  documents  have  been  selected.  The  selected 
items  reflect  Edison's  personal  involvement  in  legal  matters,  detail 
experimental  work  done  by  Edison  or  his  assistants,  or  broadly  pertain  to 
matters  of  corporate  organization  and  stratagems  employed  against 
competitors.  The  documents  have  been  arranged  in  the  following  order: 

Correspondence 
Bronx  Studio 
Color  Photography 

Brasseur,  Charles  L. 

Davidson,  William  N.  L. 

Patents  [not  selected] 

Powrie,  John  H. 

Copyright  Photographs 
Feed  Mechanism 
Foreign  Films 
Lubin,  Sigmund 

Mutoscope  and  Related  Patents 
National  Waterproof  Film  Company 


Interference  Proceedings 

Aiken  v.  Moore  and  Armstrong  (No.  27,476) 

Platt  v.  Morris  and  Leveen  v.  Aiken  v.  Moore  and  Armstrong  (No.  27,477) 
Oertly  v.  Aiken  v.  Power  (No.  27,  479) 

Oertly  v.  Aiken  v.  Schneider  v.  Platt  (No.  27,480) 

Currie  v.  Moore  and  Armstrong  (No.  30,181) 

Case  Files 

American  Mutoscope  &  Biograph  Company  v.  Edison  Manufacturing 
Company 

Armat  Moving  Picture  Company  v.  Edison  Manufacturing  Company 
Thomas  A.  Edison  v.  Sigmund  Lubin 

Greater  New  York  Film  Rental  Company  v.  Motion  Picture  Patents 
Company  et  a/.;  Greater  New  York  Film  Rental  Company  v. 
General  Film  Company  et  al. 

Motion  Picture  Patents  Company  v.  Independent  Moving  Picture 
Company  of  America 

Motion  Picture  Patents  Company  v.  Universal  Film  Manufacturing 
Company  et  al. ;  Jesse  Isidor  Straus  et  al.  v.  Victor  Talking  Machine 
Company 

Richard  F.  Outcault  v.  Edison  Manufacturing  Company  and  Percival  L. 
Waters 

Triple  Damage  Suits 

United  States  of  America  v.  Motion  Picture  Patents  Company  et  al. 
James  H.  White  and  John  R.  Schermerhorn  v.  Percival  L.  Waters 


LEGAL  DEPARTMENT  RECORDS 
MOTION  PICTURES  -  CORRESPONDENCE 


These  folders  contain  correspondence  and  other  documents  relating  to 
legal  matters  involving  motion  pictures.  The  selected  documents  cover  the 
period  1904-1915.  Among  the  correspondents  are  Edison,  Frank  L.  Dyer, 
Delos  Holden,  George  F.  Scull,  and  other  members  of  Edison's  legal  staff. 
Much  of  the  correspondence  concerns  color  photography.  Included  are  letters 
regarding  the  work  of  Charles  L.  Brasseur,  William  N.  Lascelles  Davidson, 
William  Friese-Greene,  John  H.  Powrie,  and  Florence  M.  Warner.  Other 
documents  pertain  to  the  National  Waterproof  Film  Co.,  which  developed  a 
protective  coating  that  was  used  on  films  manufactured  by  the  Edison 
Manufacturing  Co.  and  other  licensees  of  the  Motion  Picture  Patents  Co.  Also 
included  are  items  relating  to  copyright  matters,  possible  infringements  of  the 
patents  of  other  inventors,  the  use  of  trade  names,  and  Edison's  motion  picture 
studio  in  the  Bronx. 


Bronx  Studio 


This  folder  contains  correspondence  and  other  documents  pertaining  to  the  acquisition  of 
additional  property  for  Edison’s  motion  picture  studio  in  the  Bronx.  The  selected  items  cover  the 
years  1904-1907.  Included  are  letters  from  William  Pelzer  of  the  Legal  Department  to  attorney 
Frank  E.  Bradley  of  New  York,  along  with  indentures  and  agreements  relating  to  the  purchase. 

Color  Photography  -  Brasseur,  Charles  L. 

This  folder  contains  correspondence,  drawings,  and  other  documents  pertaining  to  the  U.S. 
patent  applications  of  Charles  L.  Brasseur  and  to  his  work  with  the  Edison  Manufacturing  Co.  on 
color  photography.  The  selected  documents  are  from  1908.  Included  are  letters  by  Brasseur, 
Frank  L.  Dyer  of  the  Legal  Department,  and  William  E.  Gilmore  of  the  Edison  Manufacturing  Co. 

Color  Photography  -  Davidson,  William  N.  L. 

This  folder  contains  correspondence  and  other  documents  relating  mainly  to  color 
processes  invented  by  William  N.  Lascelles  Davidson  of  Brighton,  England.  The  selected 
documents  are  from  1905.  Included  are  letters  by  Davidson;  John  R.  Schermerhom,  assistant 
general  manager  of  the  Edison  Manufacturing  Co.;  and  James  H.  White,  managing  director  of  the 
Edison  Manufacturing  Co.,  Ltd.  Some  of  the  documents  pertain  to  Davidson’s  collaboration  with 
William  Friese-Greene  on  color  animation. 

Color  Photography  -  Patents  [not  selected] 

This  folder  contains  approximately  140  U.S.  patents  (1874-1909)  dealing  mainly  with  color 
photographic  film,  pictures,  apparatus,  and  processes.  Most  of  the  patents  were  issued  to 
American  inventors,  including  Joseph  T.  Clarke,  Edward  R.  Hewitt,  Rudolf  Isenmann,  Frederic  E. 
Ives,  and  James  W.  McDonough.  Also  included  are  patents  issued  to  European  inventors,  such 
as  Louis  D.  Du  Hauron,  Jean  M.  Frachebourg,  Louis  A.  Garchey,  Annibal  Lege,  Victor  Mathieu, 
and  Leon  Vidal  of  France;  William  N.  Lascelles  Davidson  and  William  Henry  England  of  Great 
Britain;  and  Karl  Kieser  and  Gustav  Selle  of  Germany. 

Color  Photography  -  Powrie,  John  H. 

This  folder  contains  correspondence  and  other  documents,  including  notes,  drawings, 
patents,  patent  assignments,  affidavits,  and  agreements.  The  selected  items  cover  the  period 
1909-1915.  Most  of  the  correspondence  is  between  Frank  L.  Dyer  of  the  Legal  Department  and 
patent  holders  John  H.  Powrie  and  Florence  M.  Warner.  There  are  also  letters  to  and  from  Edison, 
along  with  other  items  bearing  his  marginalia.  The  documents  deal  mainly  with  Powrie's 
heliochromic  screens  and  related  photographic  processes,  including  an  automatic  film-developing 
apparatus.  Many  letters  relate  to  his  experiments  in  Paris  and  to  tests  of  his  film  samples  by 
Edison's  staff.  One  letter  in  Edison's  hand  concerns  Powrie's  use  of  the  Galvanometer  Room  at 
the  West  Orange  laboratory;  others  pertain  to  the  commercial  value  of  Powrie's  dry  plates  and  his 
relations  with  the  Pathe  Fr6res  and  Lumiere  companies.  Also  included  are  letters  regarding  the 
cost  and  discontinuance  of  Powrie's  experimental  work  at  West  Orange. 

Some  of  the  correspondence  concerns  Willard  C.  Greene,  a  photographic  experimenter 
in  the  West  Orange  laboratory  who  considered  Wamer-Powrie  film  impractical  for  Edison's 
kinetoscope;  Charles  Brasseur,  another  inventor  working  on  color  photography;  and  Montgomery 
Waddell,  a  former  assistant  to  Edison.  Other  items  relate  to  the  products  of  the  Lumiere  Co., 
including  autochrome  and  panchromatic  plates,  and  to  consultations  with  Pathe  Fr§res,  including 
a  letter  by  engineer  Charles  Bardy  regarding  emulsification  machines.  There  is  also 
correspondence  referring  to  the  possible  construction  of  a  new  film  plant,  as  well  as  a  letter  of 
introduction  for  William  C.  Anderson  of  Detroit,  a  manufacturer  of  electric  vehicles. 


Copyright  Photographs 


This  folder  contains  correspondence  between  Frank  L.  Dyer  of  the  Legal  Department  and 
Thorvald  Solberg,  register  of  copyrights  at  the  Library  of  Congress,  regarding  copyright 
applications  for  motion  pictures  scenes.  The  letters  are  from  1 905  and  relate  to  an  application  for 
a  film  entitled  PoorAlgy. 


Feed  Mechanism 

The  one  selected  item  in  this  folder  is  a  letter  from  1905  by  Frank  L.  Dyer  of  the  Legal 
Department.  It  concerns  an  exhibiting  machine  designed  by  Edwin  S.  Porter  and  its  possible 
infringement  of  a  patent  issued  to  Thomas  Armat  in  1901. 

Foreign  Films 

This  folder  contains  correspondence  and  other  documents  relating  to  copyright  issues  and 
kinetoscope  films  purchased  in  Europe  for  duplication  in  the  United  States.  The  documents  are 
from  1904.  Most  of  the  letters  are  written  by  Frank  L.  Dyer  of  the  Legal  Department  and  patent 
attorneys  Bacon  &  Milans  of  Washington,  D.C.  Some  of  the  items  contain  descriptions  of  specific 
films  from  the  Warwick  Trading  Co.,  Ltd.,  of  London  and  Pathe  Freres.  Also  included  is 
correspondence  concerning  a  suit  filed  by  the  American  Mutoscope  &  Biograph  Co.  against  the 
Edison  Manufacturing  Co. 


Lubin,  Sigmund 

This  folder  contains  correspondence  and  other  documents  relating  primarily  to  the  use  of 
the  trade  names  "Universal"  and  "Exhibition"  on  projecting  machines  produced  by  Philadelphia 
manufacturer  Sigmund  Lubin.  The  selected  items  are  from  1 904. 

Mutoscope  and  Related  Patents 

This  folder  contains  correspondence,  patents,  drawings,  and  other  documents  relating  to 
the  kinetoscope,  the  mutoscope,  and  additional  machines  for  filming  and  exhibiting  motion 
pictures.  The  one  selected  item  is  a  1 905  letter  from  Frank  L.  Dyer  to  Alex  T.  Moore,  manager  of 
the  Kinetoscope  Department  of  the  Edison  Manufacturing  Co.  The  letter  concerns  the  company's 
plans  to  manufacture  "a  moving  picture  exhibiting  machine  similar  to  the  mutoscope  for  use  in 
combination  with  the  phonograph"  and  possible  infringements  of  the  patents  of  other  inventors. 

National  Waterproof  Film  Company 

This  folder  contains  correspondence,  agreements,  and  other  documents  relating  to  a 
waterproof,  protective  coating  used  on  films  manufactured  by  the  Edison  Manufacturing  Co.  and 
other  licensees  of  the  Motion  Picture  Patents  Co.  The  selected  items  cover  the  years  1909-1910. 
Most  of  the  correspondence  is  by  Frederick  K.  Babson,  Walter  A.  Daniels,  and  Frederick  B. 
Thompson  of  the  National  Waterproof  Film  Co.  and  by  George  F.  Scull  of  the  Edison 
Manufacturing  Co.  and  Motion  Pictures  Patent  Co.  Some  of  the  documents  relate  to  meetings  with 
George  Eastman  of  the  Eastman  Kodak  Co.,  Jeremiah  J.  Kennedy  of  the  American  Mutoscope 
&  Biograph  Co.  and  General  Film  Co.,  William  N.  Selig  of  the  Selig  Polyscope  Co.,  and  George 
K.  Spoor  of  the  Essanay  Film  Manufacturing  Co. 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Bronx  Studio 

This  folder  contains  correspondence  and  other  documents  pertaining 
to  the  acquisition  of  additional  property  for  Edison's  motion  picture  studio  in 
the  Bronx.  The  selected  items  cover  the  years  1904-1907.  Included  are 
letters  from  William  Pelzer  of  the  Legal  Department  to  attorney  Frank  E. 
Bradley  of  New  York,  along  with  indentures  and  agreements  relating  to  the 
purchase. 


Approximately  20  percent  of  the  documents  have  been  selected. 


John  Holloran  and  others 
to 

Frederick  P.  Fox 


DEED 

Dated  December  15,  1904. 


Land  affected  by  the  within 
instrument  lies  in  Sec.  12, 
Block  3279  on  Land  Map  of.. 
City  of  New  York. . 


THIS  INDENTURE  made  the  14th  day  of  December  in  the  j 
year  one  -thousand  nine  hundred  and  four,  between 
JOHN  HALLORAN  of  the  City  of  New  York  and  MARY  A.  HOLLORAN, 
his  wife,  parties  of  the  first  part,  THE  FARMERS  LOAN  AND  : 
TRUST  COMPANY  AS  EXECUTOR  OF  AND  TRUSTEE  UNDER  THE  LAST  WILL 
AND  TESTAMENT  OF  ELWARD  SMITH,  DECEASED,  party  of  the  second  ! 
part,  CHARLES  D.  PURROY,  unmarried,  of  Eatont'own,  New  Jersey,  I 
party  of  the  third  part,  and  JOHN  PURROY  MITCHELL,  unmarried,  J 
of  the  City  of  New  York,  party  of  the  fourth  part,  and 
FREDERICK  P.  FOX  of  the  City  of  New  York,  party  of  the  fifth 
psrt. 

WHEREAS,  the  premises  hereinafter  described  are  owned 
as  follows:  viz:  one  undivided  third  part  by  the  said  John 
Hal lor an,  one  of  the  parties  of  the  first  part;  one  undivided 
tiiird  part  by  the  said  The  Farmers  loan  and  Trust  Con^any  as 
Executor  of  and  Trustee  under  the  last  will  and  testament  of 
Elward  Smith,  Deceased,  party  of  the  second  part;  one  undi¬ 
vided  sixth  part  by  the  said’Charles  D.  Purroy,  party  of  the 
third  part;  and  one  undivided  sixth  part  by  the  said  John 
Purroy  Mitchell,  party  of  the  fourth  part,  and 

WHEREAS  the  parties  of  the  first,  second,  third  and 
fourth  parts  have  agreed  to  sell, and  the  party  of  the  fifth 
part  has  agreed  to  purchase,  the  premises  hereinafter  de-  j 
scribed  for  the  sum  of  Fifty-three  thousand  five  hundred 
Dollars  ($53500.00), 

NOW  THEREFORE,  this  Indenture  Witnesseth, 

That  the  said  parties  of  the  first,  second,  third  and  fourth 
parts  for  and  in  consideration  of  the  sum  of  $53500.00  paid 
by  the  said  party  of  the  fifth  part  and  apportioned  among  the 
said  parties  of  the  first,  second,  third  and  fourth  parts 
in  accordance  with  their  respective  interests  as  aforesaid 
(The  said  party  of  the  second  part,  The  Farmers  Loan  and  \ 

Trust  Company  as  Executor  of  and  Trustee  under  the  last  will 
and  testament  of  Elward  Smith,  Deceased,  being  paid  the  sum  .(  j 

—  — — - - - - ? 


of  $17,833.34)  do  hereby  grant,  bargain,  sell,  and  release  I 
unto  the  said  party  of  the  fifth  part,  his  heirs  and  assigns 
forever,  all  their  said  respective  right,  title  and  interest 
(being  together  the  entire  right,  title  and  interest)  of ,  in  j 
and  to  all  that  certain  plot,  piece  or  parcel  of  land,  situate,^ 
lying  and  being  in  the  Borough  of  the  Bronx,  City  of  New  York,  i 
bounded  and  described  as  follows:  BEGINNING  at  the  corner  'j 

formed  by  the  intersection  of  the  Westerly  side  of  Webster 
Avenue  with  the  Northerly  side  of  Oliver  Place,  and  running  \ 
thence  northwardly  along  the  said  westerly  side  of  Webster 
Avenue  two  hundred  feet  and  sixty  one-hundredths  of  a  foot 
(200.60),  more  or  less,  to.  the  corner  foraed  by  the  intersectiori 
of  the  said  Westerly  side  of  Webster  Avenue  with  the  Southerly  j 
side  of  East  129th  Street  (formerly  Walton  Street);  thence 
running  Westwardiy  along  the  Southerly  side  of  East  199th  St.  I 
Two  hundred  and  thirty  feet  and  forty-four  one  hundredths  of  a  | 
foot  (230.44),^more  or  less,  to  the  corner  formed  by  the 
intersection  of  said  Southerly  side  of  East  199th  Street  with 
the  Easterly  side  of  Decatur  Avenue;  thence  running  southwardly' 
along  the  said  Easterly  side  of  Decatur  Avenue  two  hundred  and  ! 
one  feet  and  thirty-one  one. hundredths  of  a  foot  (201.31),  ! 

more  or  less,  to  the  corner  formed  by  the  intersection  of  the  j 
Easterly  side  of  Decatur  Avenue  with  the  Northerly  side  of  j 
Oliver  Place;  and  thence  running  Eastwardly  along  the  Northerly  ! 
side  of  Oliver  Place  Two  hundred  and  twenty- three  feet  and  j 

three  one  hundredths  of  a  foot  (223.03),  more  or  less,  to  the  | 

northwesterly  comer  of  Webster  Avenue  and  Oliver  Place,  the  j 
point  or  place  of  beginning. 

TOGETHER  with  the  appurtenances  and  all  the  estate' 
and  rights  of  the  said  parties  of  the  first,  third  and  fourth 
parts  in  and  to  the  said  premises;  and  also  all  the  estate 
therein  vhich  the  said  Elward  Smith,  deceased,  had  at  the  time 
of  his  decease  and  which  the  said  party  of  the  second  part  has 
or  has  power  to  convey  or  dispose  of,  whether  individually  or 


j|  by  virtue  of  said  will  or  otherwise  and  this  deed  being 
ij  executed  by  The  Farmers  Loan  and  Trust  Company  as  Executor  of 

and  Trustee  under  the  last  will  an£L  testament  of  Elward  Smith, 

i;  : 

ji  deceased,  by  virtue  of  the  power  and  authority  to  it  given  in 

!;  and  by  the  said  last  will  and  testament  of  Elward  Smith, 

|:  deceased. 

TO  HAVE  AND  TO  HOLD  the  said  premises  unto  the  party 
ji  of  the  fifth  part,  his  heirs  and  assigns  forever. 

And  the  said  John  Holloran,  Charles  D.  Purroy  and 
[;  John  Purroy  Mitchell,  but  each  only  as  to  his  own  respective 
ji  interest  in  said,  premises,  and  to  no  further  or  greater  extent, 

I  do  covenant  with  the  said  party  of  the  fifth  part  as  follows:- 
j!  FIRST:  That  they,'  the  said  John  Hollaran,  Charles  D.  1 

Purroy  and  John  Purroy  Mitchell  are  seized  of  the  said  premises 
ij  in  fee  simple  to  the  extent  of  their  respective  interests  in 
;  the  same  as  hereinbefore  recited  and  that  they  have  to  such 
extent  a  good  right  to  convey  the  same. 

SECOND:  That  the  party  of  the  fifth  part  shall  quietly 
enjoy  said  premises. 

THIRD:  That  the  said  premises  are  free  from  encumbrances, 
i!  FOURTH:  That  they,  the  said  John  Holloran,  Charles  D. 

j  Purroy  and  John  Purroy  Mitchell,  will  forever  warrant  the  title 
j  to  ; their  respective  interests  in  the  said  premises  as  herein- 
|  before  recited. 

And  the  said  The  Farmers  Loan  and  .Trust  Company  as 
Executor  of  and  Trustee  under  the  last  will  and  testament  of 
Elward  Smith,  Deceased,  does  hereby  covenant  with  the  said 
party  of  the  fifth  part  that  it  The  Farmers  Loan  and  Trust 
Company  as  Executor  of  and  Trustee  Under  The  last  will  and 
testament  of  Elward  Smith,  deoeased,  has  not  done  or  suffered 
anything  whereby  its  interest  in  the  said  premises  as  herein¬ 
before  recited  has  been  incumbered  in  any  way  whatever. 


-  4  - 


IN  'WITNESS  WHEREON,  the  parties  of  the  first,  third 
and  fourth  parts  have  hereunto  set  their  hands  and  seals  and 
the  party  of  the  second  part  has  caused  these  presents  to  he 
executed  on  its  hehalf  the  day  and  year  as  above  written. 

In  Presence  of:  JOHN  HOLLORAN  (SEAL) 

MARY  A.  HOLLORAN  (SEAL): 

THE  FARMERS  LOAN  AND  TRUST 
COMPANY  AS  EXECUTOR  OF  AND  TRUSTEE: 
UNDER  THE  LAST  WILL  AND  TESTAMENT 
OF  EDWARD  SMITH,  DECEASED. 

By  E.  S.  MARSTON,  President 

CHARLES  D.  PURROY  (SEAL) 

JOHN  PURROY  MITCHELL  (SEAL) 


On  this  21st  day  of  December  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  four,  before  me  personally  came 
and  appeared  John  Holloran  and  Mary  A.  Holloran,  his  wife,  to 
me  known  and  known  to  me  to  be  two  of  the  individuals  described 
in  and  who  executed  the  within  instrument  and  they  severally 
acknowl edged  to  me  that  they  executed  the  same. 

Wi n.  F.  Bur  rough, 

Commissioner  of  Deeds, 

New  York  City. 


W.  Bruce  Caleb  as 
to  Charles  D.  Purroy 

Win.  F.  Bur  rough  as  to 
John  Holloran  and  Mary 
Holloran 

(SEAL) 

Attest 


Sec'y. 


STATE  OF  NEW  YORK  ) 

) 

COUNTY  OF  NEW  YORK  ) 


* 


STATE  OE  NEW  YORK  ) 
COUNTY  OE  NEW  YORK  ) 


SS: 

On  the  22nd.  day  of  December  in  the  year  one  thousand 
nine  hundred  and  four  before  me  personally  came  Edwin  S.  Marstcn 
to  me  known,  who  being  by  me  duly  Bworn,  did  depose  and  say 
that  he  resided  in  the  City  of  New  York;  that  he  was  the 
president  of  The  Earmers  Loan  and  Trust  Comp  any,  the  corpora¬ 
tion  described  in  and  which  executed  the  above  instrument; 
that  he  knew  the  seal  of  said  corporation  and  that  the  seal 


jj  affixed  to  said  instrument  was  such  corporate  seal;  that 
jj  it  was  so  affixed  by  order  of  the  Board  of  Directors  of  said 


||  corporation,  and  that  he  signed  his  name  thereto  by  like  order. 


jj  (SEAL) 


Wm.  B,  Cardozo, 

Notary  Public  No. 23, 
New  York  County. 


i! 

jj  STATE  OE  NEW  YORK  ) 

•  )  ss. 

|!  COUNTY  OE  NEW  YORK  ) 

On  this  16th  day  of  December  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  four,  before  me  personally  came 
and  appeared  Charles  D.  Purroy,  to  me  known  and  known  to  me  to 
|  be  one  of  the  individuals  described  in  and  who  executed  the 
I  within  instrument  and  he  said  to  me  that  he  executed  the  same. 

•  E.  V.  Daly, 

I  Commissioner  of  Deeds, 

|  City  of  New  York 


-  6- 


STATE  OE  NEW  YORK  ) 

COUNTY  OE  NEW  YORK  ) 

On  this  22nd.  day  of  December  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  four  before  jne  personally  came 
John  Purroy  Mitchell,  to  me  known,  and  known  to  me  to  he  one  of 
the  individuals  described  in  and  who  executed  the  within 
instrument  and  he  acknowledged  to  me  that  he  executed  the  same. 

Wm.  B.  Cardozo, 

(SEAL)  Notary  Public,  No.  23, 

New  York  County. 


Recorded  in  the  office  of  the  Register  of  the 
County  of  New  York  on  this  23rd  day  of 
December,  A.D.  1904  at  2  o'clock  35  Min.  P.M. 
in  Block  Series  (Conveyances)  Section  12, 

Lib.  19,  Page  241,  and  indexed  under  Block 
No.  3279  on  the  Land  Map  ofnthe  City  of 
New  York. 

Witness  my  hand  and  official  seal 


Register. 


|  Contract  for  Property 


f 


t  Tho  Lawyers’  Title  Insurance  Company 
of  New  York. 

1  Capital  anti  Surplusf  <  -  -  ■  $8,000,000 
I:  Permanent  Guarantee  Fiind.-f  •  $2,625,000 

4  .Tz±r;f 


AGREEMENT,  mudo  this  sixth  dny  of  June,  1905.  yrjQ 

between  Frederick  P.  Pox,  of.  New  York  City,  Borough  of  Bronx,  N.  Y. 


10  party  of  tho  first  part,  and 


ALEXANDER  T.  MOORE  of  New  York  City, 


I  WITNESSETH,  That  tho  party  of  tho  first  part  agrees  to  soil  and  convoy,  and  the  party  of  the 

Borough 

second  part  agrees  to  pnrehaso  all  that  lot  or  parcel  of  land,  in  tho  RXX%  of  Bronx,  City  of 

INew  York,  State  Of  New  York.  with  the  buildings  and  improvements 

thereon,  described  ns  follows :  Beginning  at  a  point  formed  by  the  intersection 

of  the  easterly  side  of  Decatur  Avenue  with  the  northerly  side  of  Oliver 

II 

Place,  running  thence  northwardly  along  the  said  easterly  side  of  Decatur 
Avenue  one  hundred  (IOO)  feet,  thence  eastwardly  and  at  right  angles 
with  the  said  easterly  side  of  Decatur  Avenue,  one  hundred  (IOO)  feet, 
.thence  southwardly  and  parallel  with  the  said  easterly  side  of  Decatur 
Avenue,  one  hundred  (IOO)  feet  to  the  northerly  side  of  Oliver  Place 
and  thence  westwardly  and  along  the  said  northerly  side  of  Oliver  Place 
jto  the  point  or  place  of  beginning. 


i  Tlio  prioo  is  fifteen  Thousand  Dollars  ($15,000. ) 

payable  as  follows : 

Five  Hundred  ($500.00)  Dollars 

Dollars  on  tho  signing  of  this  contract,  the  receipt  whereof  is  hereby  acknowledged. 

Fourteen  Thousand  Five  Hundred  ($14,500.00)  Dollars. 


1  Dollnrs  in  cash  on  tho  delivery  of  the  deed  ns  hereinafter  provided. 


AND  THE  SAID  party  of  tlio  first  part,  on  receiving  such  payment 

at  the  time  and  in  tho  manner  above-mentioned,  shall  at  tho  oxpenao  of  tho  purty  of  tlio  first  part  execute, 
acknowledge  and  deliver,  to  tho  said  party  of  tho  second  part,  or  the  assigns  of  tho  party  of  the  second' 
part,  u  proper  dood  containing  tho  usual  full  covenants  and  warranty  for  tho  conveying  and  assuring 
to  tbo  party  of  tho  second  part,  or  tho  assigns  of  tlio  party  of  tlio  second  part,  the  foo  simplo  of  tho  said 
premises  freo  from  ull  oneumbraneo  dXStpcSKJtilEXHDaastCil  The  said  Doed  shall  bo  '  delivered"  at  the 

New  York  City,  . 

Offleo  of  Frank  E.  Bradley,  290  Broadway,  on  the  20th  day  of 


June 


12  o'clock  noon. 


Tho  chandeliers,  gas  fixtures,  ranges,  hoating  and  hot  water  apparatus,  water  closets,  hath  tubs 
and  other  plumbing  now  on  said  promises 

nro  to  bo  included  in  this  sale  and  in  tho  warranty  aboyo  sot  forth. 

Tho  rents  of  tho  said  premises,  insurance  premiums,  and  interest  on  mortgages,  if  any,  shall  bo 
adjusted,  apportioned  and  allowed  up  to  the  day  of  taking  title. 

Tho  riak  of  loss  or  damago  to  said  promises  by  fire  until  tho  delivery  of  said  deed  is  assumod  by 
tho  party  of  the  first  port.  IT  IS  UNDERSTOOD  that  tho  stipulations  aforesaid  nro  to  apply  to  and  bind 
tho  heirs,  executors,  administrators  and  assigns  of  tho  roBpoctivo  parties. 

Tho  party  of  tho  first  part  ngreos  that 

is  the  broker  who  has  brought  about  this  sale,  and  agrees  to  pay  said  broker  his  commission  therefor. 

WITNESS  the  hands  and  soals  of  tho  above  parties. 

Signed,  sealed  and  delivered  in  tho  presence  of 


AT  THE  OLOSING  OE  THIS  TITLE 
THE  SELLER 

Should  produce  all  insurance  policies,  and  duplicates,  if  tho  same  are  in  his  possession,  or  a 
memorandum  thoroof,  if  hold  by  others ;  also  produce  tho  tax  and  water  recoipts  of  tho  curront  year  and’  any 
leases,  deeds,  or  agreements. 

If  thero  is  a  wntor  motor  on  the  promises,  it  should  be  road  and  bill  thorefor  produced. 

If  choro  is  u  inortgago  on  the  premises  to  bo  convoyed,  the  receipts  should  bo  produced  showing 
to  what  date  the  interest  has  been  paid,  and  if  tho  principal  has  been  reduced,  showing  that  faot. 

THE  PURCHASER 

Should  bo'  prepared'  with  money  or- a  certified  cheek’  di-awn'  to  liis'own  order.  Tho  check  may  bo  ’ 
certified  for  an  approximate  amount  and  money  may  be  provided  for  tho  balance  of  tho  settlement. 

THE  LAWYERS’  TITLE  INSURANCE  COMPANY  OF  NEW  YORK,  1 

OFFICES: 

87  &  80  Liberty  Street,  Borough  of  Manhattan. 

2804  Third  Avenuo,  Borough  of  tho  Bronx. 

N.  E.  Cor.  72d  Street  and  Columbus  Avenuo,  Borough  of  Manhattan. 

,  :  88,  40,  42  &  44  Court  Htieet,  Borough  of  Brooklyn. 

Whlto  Plains,  Westchester  County. 

Jamaica,  Queens  County.  '  .  . .  .  . 

Rlvorhead,  Suffolk  County.'  •  ' 

EXAMINES  AND  INSURES  TITLES  TO  REAL  ESTATE,  THE  ASSURED  SELECTING  COUNSEL  IF  HE  DESIRES. 


[INCOMPLETE] 


EDISON  MANUFACTURING  CD. 

MAIN  OFFICE  AND  FACTORY 

ORANGE.  N. J. 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  DOTFITS 
EDISON  PROJECTING  KINETOSCDPES  AND  FILMS. 


Mr.  Trank  E.  Bradley, 

Dun  Building,  290  Broadway, 
Hew  York,  IT#  X», 

Dear  Sir: 


1  enclose  herewith  the  contract  for  the'  purchase 
of  a  20  foot  strip  adjourning  the  property  purchased  hy  us 
some  time  ago  for  the  Edison  Studio., 

In  the  sketch  which.!  enclose  the  100  foot  square 
section  indicates  the  original  purchase..  And  in  order  to 
protect  the  Studio  from  the  eredtion  of  a  tall  Building  which 
might  tend  to  shut  out  our  light,  we  contracted  for  the'  space 
20  ft,  wide  adjourning  our  property  on  Oliver  Place.,  In  looking 
into  the  purchase  of  this  property,  we  discovered  that  through 
the  sale  of 'the  lots  adjourning  our  property  on  the  north,  a 
strip  measuring  1.31  ft,,  and  decreasing  in  width  in  the  eastern 
direction  was  entirely  overlooked^,  in  making  the  bargain  for., 
the  20  ft-,  section  to  the  east  of  our  property,  I  got  the  owners 
to  throw  in  this  narrow  strip  on  the  north,  so  as  to  protect  us 
against  any  complications  that  migit  arise  as  to  the  correct 
lines.  Therefore,  what  I  expect  to  obtain  by  the  contract  whioh 
I  enclose,  is  the  D-shaped  strip  as  indicated  in  the  enclosed 
sketch. 


[ENCLOSURE] 


AGREEMENT,  made  this  day 

P  £ 

IT)  '-<&dbc ,  ^ 


4  aye.  O  Tbfe- 

«x*J 


<D  ~t^L  cokJ — 

cO  iWi  ^^4  ,  /frsOJp.  O  -4Ssri  'fisxSU-, 

hereinafter  described  as  the  seller,  and  • - - - - 

^"h-^KCL  C^XxLCrK  ,  cffO  ~Xm~A 


£p  (Waj-  ^jzX-cUi.  t  ^ai^:  ^c4  /W- 


WITNESSETH,  That  the  seller  agrees  to  sell  and  convey,  and  the  pui 
to  purchase  all  that  lot  of  land,  with  the  buildings  and  improvements  thereon, 

$  csW^  <0  ,  <^kr, 


sfAsutZczl  £j  VK&ajS  — - 

described  as  follows  •  8-Q4sm^j^S'  ^-A  AjsXnJ-  4.  *4U  Kr^tflsJ^T 

sJcAsn^oL  /*3£e.  ^vCfeju^cjCfc^rt.  ,J3  fr-aJLcA  ALAjl.  <0  O&wi/i 


I  ■JoAsn^J.  -^~Z)ta>iyj:_aAZsw  csp  fc-aJLcA  lk.<f^St^h3dX}.  ■&-*-&-  cQ  ^W-  j 

|j  /voo6t  5fc^e.  C^aXslkM^.  oT7  ’Qsz.cs.dXZ*j^.  c**~j*L 

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£)  -AUiAsIX^yhS'-a.  Oo>vo-fei«»(  ~A4b-  4oK&,  <SJ  AA^. 

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|  <3^  Jcr^~^L  ?/  «  =c  V«^.  i 


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4D  ^6-Us*ca.  *?  «»Avot  yCAay^Z  r'LtacSterfj,  cuj 

9v  tfEtz/LcjAZ*'  ^xA-a.  liO  ^-^xc_a.  ^\jo«ACfc  ssjito/  Tfe  /otlu 

eft _ yjAc^a_  .  ■  " 


§  >  7* 


[ENCLOSURE] 


EDISON  MANUFACTURING  CO. 

MAIN  OFFICE  AND  FACTORY 

ORANGE,  N. J. 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOT0R  OUTFITS 
EDISON  PROJECTING  KINETDSEOPES  AND  FILMS. 


Hot.  1st, 


1907. 


Mr.  prank  E.  Bradley, 

290  Broadway, 

Hew  York,  H.  Y., 


Dear  Sir: 


In  re  Edison  Studio: 

Your  letter  of  the  28th  ultimo, enclosing  diagram 
of  survey  and  you  hill  for  services  in  connection  with  the 
purchase  of  the  additional  strip  of  land,  came  duly  to  hand. 

Your  hill  has  "been  forwarded  to  the  Auditing  De¬ 
partment  for  payment. 


Yours  truly, 

EDISON  MAHUEACIUHIHO  CO., 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Color  Photography  -  Brasseur,  Charles  L. 

This  folder  contains  correspondence,  drawings,  and  other  documents 
pertaining  to  the  U.S.  patent  applications  of  Charles  L.  Brasseur  and  to  his 
work  with  the  Edison  Manufacturing  Co.  on  color  photography.  The  selected 
documents  are  from  1908.  Included  are  letters  by  Brasseur,  Frank  L.  Dyer  of 
the  Legal  Department,  and  William  E.  Gilmore  of  the  Edison  Manufacturing  Co. 

Approximately  30  percent  of  the  documents  have  been  selected.  Among 
the  unselected  items  are  a  few  letters  from  Brasseur  to  Dyer  Smith  of  the  Legal 
Department  (1 906, 1910)  and  copies  of  outgoing  correspondence  from  Frank 
L.  Dyer  to  Brasseur  and  William  E.  Gilmore.  There  is  also  a  drawing  labeled 
"Lumiere"  and  a  document  relating  to  thread  veneering.  Related 
correspondence  can  be  found  in  the  "1908.  Motion  Pictures"  folder  in  the 
Document  File  Series. 


BRASSEUR.  o 


o 


New  York,  Iferch  10>  1908* . 190 

prank  L.  Dyer,  Esq., 

Montclair,  H.  J. 

Dear  Sir:  - 

If  I  understand  your  telephone  message  correctly  ,  you 
purpose  acquiring,  for  Mr.  Edison,  the  exclusive  right  to  use,  in 
connection  with  the  moving  picture  industry  exclusively,  such 
U.  S.  patents  for  dolor-photography  on  roll-film  as  may  he  granted 
me,  and  of  which  the  specifications  have  been  furnished  you. 

The  conditions  you  mention  for  the  periods  of  trial  are  • 
satisfactory,  namely,  that  I  devote  ono  year  of  my  time,  beginning 
March  16th,  to  the  industrial  development  of  these  patents;  Mr. 
Edison  to  pay  such  exponses  as  may  be  incurred  for  machinery  (state 
limit  if  wished);  to  furnish  such  assistants  as  may  be  necessary 
and  to  pay  the  other  minor  necessary  expenses  to  develop  these 
patents  industrially. 

In  addition  to  such  disbursements,  I  am  to  receive  $400. 
per  month  for  ny  personal  expenses  and  I  further  understand  that, 
should  it  be  found  necessary  to  devote  another  year  to  this  develop 
ment,  I  am  to  do  so  on  the  same  terms. 

Further,  I  understand  that  I  am  to  receive  a  royalty, 
during  the  life  of  these  patents,  amounting  to  25 fo  of  the  extra 
profit  derived  from  the  sale  or  rental  by  the  Edison  Co. ,  of 
colored  moving  picture  films  made  by  my  processes;  it  being 
understood  that  this  extra  profit  will  be  determined  as  follows: 


CHARLES  L.  BRASSEUR. 


o 


o 


That,  to  the  selling  price  of  black  and  white  film  v/ill 
he  added  the  cost  of  coloring  the  film  and  that  the  difference 
between  this  total  cost  and  the  selling  price  of  the  colored  film, 
v/ill  constitute  the  profit. 

It  is  further  understood  that,  should  Mr.  Edison  grant 
a  license  to  other  moving  picture  concerns  to  use  these  films 
under  these  patents,  I  will  receive  50^  of  whatever  royalty  he  may 
receive; 


There  is  one  part  of  your  message  which  I  did  not  under¬ 
stand  and  that  relates  to  the  point  brought  out  by  your  Mr.  Gilmore 
namely,  what  will  be  the  minimum  royalty  paid  should  Mr.  Edison 


decido  to  forego  all  profit  on  the  color  end  and  content  himself 
v/ith  the  increased  profits  which  v/ould  result  from  the  increased 
sales  of  colored  films  at  the  price  of  black,  plus  the  mere  co3t 
of  color;7  It  might  bo  a  very  good  business 'move  on  your  part, 
but  as  matters  stand  it  v/ould  prove  rather  disastrous  to  me. 

Kindly  let  me  hear  from  you  in  regard  to  this,  also  as 
.  to  whether  my  understanding  of  your  message  is  correct*^^*/  ✓'7s: 

Yours  very  truly, 


Charles  L.  BraBseur ,  Esq., 

10  East  15th  Street, 

Hew  York,  N.Y. 


I  am  in  receipt  of  3'our  letter  of  the  10th 
inat  aa  follows:- 


"Prank  L.  Dyer,  Eeq., 

Montclair,  H.J. 

-  Dear  Sir:- 

Xf  I  understand  your  telephone 
message  correctly,  you  purpose  acquiring,  for 
Mr.  Edison,  the  exclusive  right  to  ubo,  in  connec¬ 
tion  v/ith  the  moving  picture  industry  exclusively, 
such  U.S.  patents  for  color-photography  on  roll- 
film  as  may  be  granted  me,  and  of .which  the  speci¬ 
fications  have  been  furnished  you. 

The  conditions  you  mention  for  the  periods 
of  trial  are  satisfactory,  namely,  that  I  devote 
one  year  of  my  time,  beginning  March  16th,  to  the 
industrial  development  of  those  patents;  Mr.  Edl- 
son  to  pay  such  expenses  as  may  he  incurred  for  ma¬ 
chinery  (state  limit  if  wished);  to  furnish  suoh 
assistants  aB  may  he  necessary  and  to  pay  the  other 
minor  hecessary  expenses  to  develop  these  patents 
i  industrially. 

.  t0  such  disbursements,  I  am  to 

receive  J400.  per  month  for  my  personal  expenses 
and  T  further  understand  that,  should  it  be  found 
necessary  to  devote  another  year  to  this  develop- 
ment,  I  ajn  to  do  -bo  on  the  same  terms. 

Purther,  X  understand  that  I  em  to  receive 
of  these  patents,  amount¬ 
ing  to  25;'  of  the  extra  profit  derived  from*  the 


Mo. -2,  CIB. 


S‘stssa‘2  sl“*  «*’ssr»u“  . 

White ^?nthS  B0^ine  price  of  black  and 
be  added  the  coot  of  coloring 

5!diBn^t^LfUrt??r  seders  to  od  that,  should  Mr 

i  i .  There  is  one  part  of  your  message  which  I 
£“  ™\  ^erstand  and  that  relates  to  the  point 

SS"irs«™ 
!,SSif“SS« 
ffa  s  ,S  asra-^s  ztts? 

on  ™i!  nJ  ^ifht  te  *  very  good  business  move 

mEaffitSS  “  S!  "tana  “  pr«™ 

this  Ef?n„yn^e^  me,  h?®r  from  you  in  regard  to 

»i  !:  XrS.^S'oK!^^1”*  °f 

Yours  very  truly, 

Chas.  1.  Brasseur." 

Regarding  the  above ,  thore  are  several  points  con- 
cerning  which  you  have  not  correctly  understood  our  proposi¬ 
tion: 


(1)  Mr.  Edison  is  to  have  not  only  "the  exclusive 
right  to  use,  in  connection  with  the  moving  picture  in¬ 
dustry  exclusively,  such  U.S.  patents  for  oolor-photography 
on  roll-film  as  may  be  granted",  but  also  all  inventions 
whether  patented  or  not  which  you  have  made  or  which  you 
may  make  during  the  term  of  the  contract  for  use  in  connec- 


Ho. -3,  CLB. 

tion  with  color-photography  as  applied  to  the  moving 
picture  industry,  in  other  words,  you  are  to  give  us  the 
benefit  of  your  shill,  knowledge  and  experience  regardless 
of  patents. 

(2)  Ab  to  the  expenses  which  are  to  be  paid,  these, 
of  course,  will  have  to  be  defined  as  clearly  as  possible 
in  the  formal  contract. 

(3)  It  is  to  be  understood  that  the  arrangement 
v/ith  you  is  to  continue  for  one  year  with  the  option  on  our 
part  to  extend  it  for  a  further  period  of  one  year  if  the 
outlook  is  favorable. 

(4)  Perhaps  the  plan  suggested  by  you  for  calculat¬ 
ing  the  amount  of  royalty  amounts  to  the  same  thing  as  the 
one  which  I  suggested,  but  in  order  to  be  perfectly  safe 

.  our  position  ohould  be  understood .  .  The  royalty  of  course  ; 
cannot  be  bailed' 'on  profit'  riacle  from  the  sale  of  colored  > 

films,  but  should  he  based  solely  on  the  added  value  of 
your  process,  if  the, prof it  to  the  manufacturer  on  a  black 
and  v/hite  film  is,  for  example,  four  oents  per  foot,  and 
the  profit  on  colored  films  is  seven  oents  per  foot,  then 
obviously,  the  added  value  contributed  to  the  film  by  your  i 
process,  would  be  three  oents  per  foot.  It  is  this  differ-* - 
enoe  between  the  profit  made  on  the  colored  films,  and  that  ' 
which  would  be  made  on  the  black  and  white  films,  that  is 
to  be  divided  in  the  proportion  of  78#  to  ua  and  25#  to  you,  ;! 


As  I  explained,  in  each  case  the  manufacturing  cost 
of  films,  both  black  and  white  and  colored,  shall  comprise 
the  cost  of  lab  or , and  materials,  general  expense,  and  20^ 
for  selling  expenses,  etc.  Deducting  these  items  in  each 
case,  from  the  aotual  Belling  price,  will  give  the  net 
profit.  In  order  that  you  might  be  entirely  protected 
in  case,  for  commercial  reasons,  it  should  be  decided  at 
some  future  time  to  sell  colored  films  at  no  greater  profit 
than  blaok  and  v/hite  films,  I  propose  that  royalties  in 
every  oase  should  at  least  amount  to  $5,000.  per  year.  It 
is  difficult  to  see  how  such  a  condition  of  affairs  oould 
arise ,  because  the  colored  films  would  undoubtedly  command 
a  greater  profit  than  the  ordinary  films,  but  at  the  same 
time,  you  should  be  protected  against  all  contingencies. 
With  these  modifications,  the  proposition  as  outlined  in 
your  letter,  quoted  above ,  is  that  suggested  by  me,  and 
which  I  will  embody  in  a  formal  contract  as  soon  as  possi¬ 
ble  .  . 

Should  this  arrangement  be  satisfactory,  kindly  in¬ 
dicate  your  approval  on  the  bottom  of  this  letter  and  re¬ 
turn  the  same  to  me,  retaining  the  enclosed  copy  for  your 
own  use. 

Yours  very  truly, 


SED/arK. 


General  Counsel, 


EDISON  MANUFACTURING  CO. 

MAIN  OFFICE  AND  FACTORY 

ORANGE,  N.  J. 

—  „  EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  OUTFITS 

^  EDISON  PRDJECTINB  KINETOSEIIFES  AND  FILMS. 

jiClSdlfioTV.  10  Fifth  Avenue.  NewYork. 


Mar.  16,1908. 


Prank  L.  Dyer,  Esq., 

c/o  The  Cochran, 

Fourteenth  &  K  Sta . , 

Washington,  D.  C. 


Dear  Mr.  Dyer: 


Mr.  Brasseur  has  been  In  to  see  me  to-day  in 
regard  to  the  last  letter  you  wrote  him  and  which  I  saw  before  it 
was  forwarded  to  him.  The  only  little  problem  that  now  comes  up 
is  that  of  the  royalty  that  he  is  to  be  paid  under  his  agreement 
with  us.  Five  thousand  dollars  per  year  may  seem  all  right,  but 
he  i3  a  little  afraid  that  in  the  event  of  the  coloring  being  made 
universal  the  price  will  be  so  low  as  to  be  practically  the  same 
as  what  the  black  and  white  photographs  have  been  so  that  there  is 

no  profit  in  it  for  either  ourselves  or  Mr.  Brasseur.  In  other 
words,  it  puts  him  in  the  position  that  we  could  at  some  future 
time  sell  these  prints  at  such  a  price  that  all  we  would  have  to 
do  would  be  to  pay  him  $5,000  a  year  minimum  and  that  is  all  he 
would  get.  His  position  is  entirely  tenable  and  we  should  agree 
to  it.  I  have  practically  agreed  that  the  minimum  amount  that 
we  shall  pay  him  per  foot  is  l/4  cent  per  foot;  do  you  approve 
of  this?  I  consider  that  his  position  is  entirely  correct  and 
have  therefore  practically  decided  that  I  will  let  him  have 
this.  Possibly  you  can 


ec  some  objection  that  I  cannot  see 


S'.  L.  Dyer, 


(2) 


3/l 6 /O  8 


now.  Write  me  30  that  I  will  get  it  Wednesday  morning. 


Yours  very  truly, 


J 


weg/iww 


Vice-Pres.  &  Gen.  Mgr. 


CHARLES  L.*BRASSEUR. 


0 


p  Df\  P-  ~  ^ 


New  York,  March.  1 7 , 


. 190  8. 


Prank  L.  Iyer,  Esq. , 

Orange, 

N.  J. 

Dear  Sir:'- 

I  called  to  see  you  yesterday  afternoon  In  regard  to 
your  letter  of  the  13th  inBt.  and, in  your  absence,  discussed  the 
various  points  with  Mr.  Gilmore.  The  points  which  you  have 
brought  up  in  your  letter  will  he  settled  in  the  way  you 
suggest,  as  that  is  entirely  in  the  spirit  of  the  understanding, 
with  the  exception  of  the  one  relating  to  the  minimum  amount 
to  he  paid  me.  As  I  explained  to  Mr.  Gilmore  that  clause,  left 
as  you  suggested  it,  would  prohahly  prevent  me  from  coming  to 
an  agreement  .with  the  parties  who  are  to  furnish  me  the  amount 
of  money  I  require  at  the  present  moment  as  it  would  make  it 
possible  for  your  successors  to  increase  their  business  indef¬ 
initely  without  being  legally  bound  to  pay  me  more  than  Ihe 
$5,000.  per  year,  that  is^if  they  saw  fit  to  do  without  any 
profit  on  the  coloring  of  the  film.  Both  Mr.  Gilmore  and  1  agreed 
that  a  supplementary  clause  should  be  added  fixing  the  minimum 
royalty  to  be  paid  me  at  not  less  than  1/4  oent  per  linear 
foot.  This  I  think  is  fair  to  all  concerned. 
j  Before  drawing  up  Hie  contract,  1  would  like  to  dis- 

ouss  another  point  with  you  (which  I  have  discussed  with 
Mr.  Gilmore)  and  which  I  can  make  clear  to  you  verbally  much 


CHARLES  L*  BRASSEUR. 


o 


S’.  1.  D.  #2. 
quieter  than  writing. 

Would  you  happen  to  know  what  the  law  of  New  Jersey 
is  in  regard  to  high  pressure  hollers  (125  to  176  pound  pressure)? 
My  man  in  little  Palls  has  been  managing  .his  own  boiler  although 
not  having*  I  believe,  a  certificate  of  licensed  engineer. 

As  I  am  looking  around  for  suitable  quarters,  to  put  everything 
under  one  roof,  I  would  like  to  know  what  the  law  calls  for, 
as,  in  case  a  licensed  engineer  is  necessary,  it  would  be 
much  cheaper  to  obtain  the  steam  from  some  neighboring  building. 

If  you  know  about  this^ kindly  let  me  know  and  oblige, 

Yours  very  truly, 


Af 


March  17,  1908.. 


W.-  E.  Gilmore,  Esq,.,, 

Edison  Manufacturing  Co.., 

Orange,  N.  J. 

Dear  Mr.  Gilmore:'  , 

Yours  of  the  16th  inst*  has  been  reoeived\in  refer¬ 
ence  to  Mr.  Brasseur,  and  X  agree  with  you  that  it  would  he  en¬ 
tirely  fair  to  provide  in  the  arrangement  for  ^minimum  '.royalty 
of  one-quarter  cent  per  foot.  I  will  bear  this  in  mind  in  pre¬ 
paring  the  formal  contracts.  j\ 

| 

\ 


Yours  truly, 


Regarding  the  attached  correspondence,  I  return 
the  same  to  you  at  your  request,  since  I  have  a. copy  of  my 


1 


[ATTACHMENT] 


In  reference  to  the  patent  situation  as  it 
affects  the  proposition  of  having  Mr.  C.  L,  Brassaeur  undertake 
to  develop  his  soheme  for  applying  color  photography  in  the  moving 
picture  business,  I  beg  to  advise  you  as  follows: 

(1)  Upon  discussing  the  question  with  the  Patent  Offloe 
Examine*  in  Washington,  and  making  a  careful  examination  of  the 
available  patents,  I  find  that  there  were  two  patents  to  Mho 
Donough,  granted  March  22,  1892  (Nos. 471,186  and  471,187)  that 
would  apparently  be  infringed,  but  since  these  patents  expire 
.  on  Maroh  22,  1909,  they  are  not  important.  I  have  not  been  able 
to  find  any  other  patent  which  appears  to  be  infringed,  at  least 
as  the;  scheme  has  so  far  been  worked  out  by  Mr.  Brassaeur. 

Not  trussing  entirely  to  my  own  judgment  in  the 
matter,  sinoe  the  subject  is  a  highly  technical  one,  I  submitted 
certain  patents  to  Mr.  Brassaeur  with  the  request  that  he  give 
me  his  opinion  thereon.  This  report  which  ooincides  with  my  own 
opinion  is  attached  hereto. 


[ATTACHMENT! 


W.  35.  Gilmore,  Esq.  -2-  ^5  3/6/08 

(2)  Mr.  Brassauer's  applications  for  patents  are  in 
satisfactory  shape,  although  the  claims  can  no  doubt  be  improved. 
The  inventions  can,  in  my  opinion,  be  satisfactorily  protected 
by  patents. 

(3)  So  far  as  1  can  judge,  from  my  brief  knov/ledge  of 
the  art  obtained  from  reading  the  various  patents,  Mr.  Brassauer's 
theories  appear  to  be  correct,  and  I  should  Bay  the  problem  in¬ 
volves  a  perfection  of  mechanical  details  rather  than  photo¬ 
graphic  or  optical  considerations.  Mo  doubt  Mr.  Edison  can  con¬ 
tribute  many  suggestions  which  will  be  of  value,  because  the 
mechanical  problem  involved,  namely:  the  extreme  sub-division  of 
celluloid  bodies  or  grains,  and  their  application  to  a  celluloid 
film,  is  a  problem  that  in  some  form  or  other  he  must  have  en¬ 
countered  at  various  times  in  his  experimental  work.  At  the  ' 
same  time  the  problem  impresses  me  as  being  extremely  difficult, 
although  I  should  say  it  was  less  difficult  than  the  development 
of  the  vacuous  deposit  process. 

(4)  So  far  as  any  futta>.e.;difficulties  that  may  be  en¬ 
countered  in  the  Patent  Office  and  elsewhere  are  concerned,  X 
cannot,  of  ..course,  express  any  opinion,  although  I  do  not  anti¬ 
cipate  trouble.  On  the  whole  I  believe  the  situation  to  be  suf¬ 
ficiently  favorable  to.  warrant  .  taking  up  the  matter,  since  if  .it 
turns  out  suoceBsfuIferdLt  would  be  a  very  great  advance  in  the  art. 

.  Yours  very  truly, 

General  Counsel. 


jj'JiD/tali 


[ATTACHMENT] 


\ 

1 


) 


New  York,  March  5,  1908. 


Frank  L.  Dyer,  Esq.  , 

Montclair,  N.  J.  '  4#5  ! 

Dear  Sir:- 

I  have  carefully  road  over  the  various  patents 
submitted  to  me  by  you.  All  those  relating  specifically 
to  this  branch  of  color-photography  wore  already  known  to 
me,  and  I  see  no  reason  to  change  my  opinion  that  I  will 
injio^way  confliot  with  any  of  those  submitted  by  you 
o  rA  any  other  patents  known  to  me. 

As  to  Diffraction  col or -photography,  while  it  is 
extremely  ingenious,  I  have  never  heard  or  read  anything 
which  would  lead  me  to  suppose  that  such  photographs  could 
be  satisfactorily  projected.  The  plates  are  colorless 
by  themselves  and  need  to  be  viewed  by  means  of  a  special 
instrument  in  order  to  bring  out  the  colors.  Moreover, 

Mr.  Ives  in  disoussing  my  new  methods  with  me,  has  never 
even  intimated  that  these  could  in  ary  way  be  substituted 
for  mine.  I  do  not  believe  that,  in  our  connect ion, they 
deserve  serious  consideration  and  they  are  certainly  very 
inferior  in  color  rendering  to  those  ontained  by  the  or¬ 
dinary  processes. 

To  make  it  clear  to  you  as  to  why  I  believe  I  do 
not  conflict  with  others  and  also  why  we  can  expect  a  clear 
field  in  our  own  particular  line,  I  think  it  best  to  con¬ 
sider: 

1st  the  colors  employed 

2nd  the  various  methods  of  making  grained  screens, 

3rd  the  methods  of  duplicating. 

The  colors  employed  by  me  are  those  described  in 
my  French  patent  364132  oD  March  1st  1906,  and  United  States 


[ATTACHMENT] 


application  Ser.  359895  filed  under  the  Convention, 

Feb.  28,  1907,  namely,  the  colors  of  the  negative  ortaking 
screens  are  such,  that,  when  photographing  the  spectrum 
of  white  light,  the  deposits  of  silver  obtained  will  cor¬ 
respond  with  Abney’s  color-mixture  curves  as  shown  in  Fig. 

I.  of  that  patent  and  the  colors  of  the  positive  or  view¬ 
ing  screens  are  primary  colors,  i.e,  the  red  corresponds 
in  hue  to  wave  length  6700,  the  green  to  5200  and  the 
blue-violet  to  4600. 

These  colors  ,  while  deduced  in  a  different  manner 
than  those  indicated  by  Mr.  Ives  (U.S. patent  432550,  July 
22nd  1890)  were  so  near  like  his  in  color,  that  I  felt  it 
incumbent  upon  me  to  offer  to  pay  Mr.  Ives  a  royalty  for 
the  use  of  his  colors,  and  did  so  until  the  expiration  of 
his  patent  July  1907.  That  patent  having  expired,  his 
colors  are  of  course  public  property.  As  to. colors  I  see 
no  possibility  of  trouble  or  aFconfliot  with  any  other 
patent.  * 

Grained  and  lined  screens, for  color-photographic 
purposes,  are  first  mentioned  in  French  patent  83061, 

Nov.  23,  1868  of  Ducos  du  Hauran.  Among  other  processes, 
he  describes  one  in  which  the  colors  are  ruled  on  the 
plate  in  a  regular  recurring  patent,  also  one,  in  which 
the  sheet  (mica)  is  covered  mechanically  v/ith  a  grain  of 
three  colors,  or  to  quote  literally,  "une  feuille  translubile 
recouverte  meoaniquement  d*un  grain  de  trois  coulers." 

While  he  goes  into  details  as  to  the  method  of  making 
lines  and  states  how  to  duplicate  such  lined  photographs, 

■*  The'  matter  as  to  wnetner .or  not  Mr.  Ives  was  anticipate! 
by  Clerk-Maxwell  (see  lecture  of  ,1861)  whose  curves  Mr.Ives 
uses,  is  much  discussed  by  everts.  Mr.  Ives  having 
brought  suit  against  alleged  inf ringers, the  matter  will  be 
settled  shortly.  6V“' 


-2- 


[ATTACHMENT] 


n> 


he  gives  no  intimation  as  to  how  he  would  produce  the 
grained  plates.  In  this  patent  he  also  mentions  ruled 
paper,  covered  with  a  sensitive  film  and  printed  from  the 
hack.  We  therefore  find  there,  all  the  elements  of  the 
modern  processes,  namely,  a  support _,p lat e ,  paper  or  mica, 
a  ruled,  or  grained  surface  and  a  layer  of  sensitive  mater¬ 
ial  coated  thereon, out  of  which  is  to  he  formed  the  pho¬ 
tograph.  Unfortunately  he  does  not  seem  to  have  to  known 
of  Clerk-Maxwell's  lecture,  or  to  have  realized  how  epoch 
making  that  leoture  was,  for  he  uses  Brewster's  triad  of 
colors,  namely,  a  red,  yellow  and  blue  with  which  triad, 
color  photographs  cannot  be  obtained  by  the  additive  pro¬ 
cesses. 

The  next  patents  to  be  considered  are  the  McDonough 
United  States  Patents  >471186  and  471187  of  Mhrch  22,1892. 

In  these  patents  we  find  the  grained  plate  practi- 
oally  as  known  today,  namely, a  mixture  of  grains  of  three 
colors,  red,  green  and  blue  (and  if  necessary  yellow,) 
dusted  on  a  tacky  surface,  the  grains  being  then  made  to 
fill  up  the  interstices  by  heating  the  plate  until  the 
grains  melt  and  touch  one  another.  While  in  one  of  these 
patents  471187  he  mentions  a  celluloid  support,  he  is  very 
careful  to  state,  that  he  interposes  the  gelatin  emulsion 
between  the  celluloid  and  the  grains  which  of  course 
totally  unfits  it  for  our  purpose.  As  this  patent  ex¬ 
pires  in  March  1909,  discussion  of  its  validity  in  view  of 
the  du  Hauron  patent,  is  only  of  academio  interest. 

The  only  other  grain  process  known  to  me  is  that 
described  ;.in  the  lumierepa.tent  — u.  S.  patent  822532  of 
June  5,  1906.  The  only  difference  between  that  and  the 
McDonough  patent  is  that  the  Lumierele  f  ill  in  the  inter¬ 
stices  with  smaller  grains,  in  reality^ charcoal.  In  a 
British  patent  of  1906  they  mention  rolling  the.. plate  to 
flatten  out  the  grain.  This,  however,  is  not  a  new  thing 


[ATTACHMENT] 


in  screen  making,  for  Joly,in  British,  patent  19388  of 

1895,  specifically  mentions  rolling  his  plates, cove red 

with  fibres, for  the  purpose  of  smoothing  them  down. 

Moreover,  in  my  own  case  rolling, alone,  -would  not  answer; 

m. 

I  must  have  heat  and  rolling^in  order  to  weld  the  grains 
together. 

I  see  no  reason  to  anticipate  any  conflict  in  con¬ 
nection  with  any  of  the  above-mentioned  patents. 

On  the  other  hand,  my  screens  differ  radically 
from  those  previously  described.  Firstly,  the  material 
of  which  the  patent  is  made  is  such  that,  under  the  in¬ 
fluence  of  heat  and  pressure,  the  elements  constituting 
the  pattern  will  bo  welded  together  and  al3o  to  their 
support,  so  that  the  resulting  film  can  be  rolled  and 
unrolled  without  danger  of  loosening  the  grains  or  other 
elements  forming  the  pattern.  In  the  other  processes 
the  grains  are  merely  glued  on  or  held  on  by  a  varnish, 
but  do  not  form  part  of  the  film. 

Secondly,  the  grains  being  cut  mechanically,  a  much 
greater  uniformity  of  size  is  possible  than  with  the 
natural  starch  grains.  This  facilitates  a  most  thorough 
mixing  and  the  method  of  applying  on  a  non-tacky  surface 
ensures  a  much  more  even  distribution  than  is  possible 
with  the  present  processes. 

Thirdly,  provision  is  made  for  locating  the  grains 
of  at  least  one  color,  so  that  a  practically  perfect  dis¬ 
tribution  can  be  made,  if  found  necessary. 

Fourthly,  the  grains  being  of  celluloid,  being 
flattened  on  both  sides  and  the  whole  film  being  polished, 
the  utmost  transparency  possible  is  obtained,  which  cannot 
be  said  of  starch  grains. 

Attempts  have  been  .made  in  Germany  by  Witt  and  by 


-4- 


[ATTACHMENT! 


Krayn,  to  make  celluloid,  soreens  by  cemonting  sheets  of 
alternate  colors  together  and  cutting  off  sections  so'.as  to 
obtain  line  soreens  at  one  operation.  All  the  sheets  I 
have  seen  showed  lines  very  much  too  broad  and  the  sec¬ 
tions  wore  much  too  irregular  to  be  of  any  practical  use, 

I  the  lines  thus  obtained  being  two  hundred  to  the  inch.. 

If  it  were  possible  to  obtain  very  thin  seotions 
of  any  practical  size',  and  then  to  cement  these  seotions 
on  a  oontinuouB,  colorless  film,  I  would  certainly  try  it 
and  I  think  moreover  that  it  would  be  patentable  as  such. 
Flowed  films  of  extreme  thinness  would  have  to  be  cemented 
together,  but  the  sectioning  of  this  blook  would  have  to 
be  so  many  .times  finer  than  it  has  been  found  possible  to' 
do  it  thus  far,  that  it  seems  almost  hopeless  to  try  it. 

As  to  duplicating, the .Lumiere's  admit  that  it  is 
not  possible  to  duplicate  by  any  of  the  processes  thus 
far  made  publio.  The  only  process  of  which  I  have  heard 
lately  is  by  Powrie,  formerly  of  Chicago  and  now  in  England 
I  have  never  seen  any  of  theftf-  but  I  understand  the  pror- 
cess  was  offered  the  Lumiere's  and  their  representative 
(  in  this  country  tells  me  thatbtho  rosults  are  "rotten1!. 

Neither  the  American  nor  the  English  nor  the  German  office 
havo  as  yet  brought  forth  any  patent  which  conflicts  with 
the  principles  as  established  in  my  application  of  Feb. 28 , 
1907',  namely,  that  in  the  process  of  copying  a  .  oolorod 
negative1  on  a  grained  film.it  is  noeessary  to  interpose 
between  the  source, of  light  and  the  negative  ,  or  between 
the  negative  and  the  posit ivo; mono -chromat io  screens  as 
described  in  the  above  mentioned  application.  The  British 

office  has  shown  that  colored  sectors  were  used,  but  as 

.0 

these  are  not  made  ih  suitable  colors,  and  as  moreover, 

-5- 


[ATTACHMENT] 


sectors  are  not  at  all  essential,  but  are  merely  a  con¬ 
venient  way  of  arranging  the  colors  in  a  lens,  this  would 
neither  prevent  me  from  using  the  proper  colors,  nor 
allow  any  one  else  to  use  these  colors  without’  my  per¬ 
mission. 


As  to  whotlior  the  out-bloaohins  process,  ot  -that 

using  diazo  or  tetrazo  sulphonates,  etc.,  offer  any  possi¬ 
bility  of  maieing  duplicates,  all  I  can  say  is  that  the  rc 
suits  so  far  obtained  have  been  mo3t  unsatisfactory  from 
an  industrial  standpoint.  The  out-bleaching  ,  which  is 
the  most  satisfactory ; requires  several  minutes  of  strong 
sunshine  to  bleach  out  the  colors  and  no  method  has  yet 
been  found  of  fixing  the  remaining  colors.  The  Lippmann 
process  offers  many  possibilities  for  prints  seen  by  re¬ 
flected  lights,  but  not  for  transmitted,  at  least  X  have 
never  heard  of  anything  that  would  lead  me  to  believe 
that  it  offers  such  possibilities. 

After  duly  considering  the  entire  matter,  X  see  n 
reason  for  changing  ray  opinion  as  first  expressed. 

I  remain, 

Yours  vety  truly, 


I 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Color  Photography  -  Davidson,  William  N.  L. 

This  folder  contains  correspondence  and  other  documents  relating  mainly 
to  color  processes  invented  by  William  N.  Lascelles  Davidson  of  Brighton, 
England.  The  selected  documents  are  from  1905.  Included  are  letters  by 
Davidson;  John  R.  Schermerhorn,  assistant  general  manager  of  the  Edison 
Manufacturing  Co.;  and  James  H.  White,  managing  director  of  the  Edison 
Manufacturing  Co.,  Ltd.  Some  of  the  documents  pertain  to  Davidson’s 
collaboration  with  William  Friese-Greene  on  color  animation. 

All  of  the  documents  have  been  selected.  Related  correspondence  can 
be  found  in  the  "1905.  Motion  Pictures"  folder  in  the  Document  File  Series. 


t 


April  20,  1905. 


James  H.  White,  Esq.,  Managing  Director, 

Edison  Manufacturing  Co.,  Ltd., 
London,  England. 


Dear  Sir: 


I  Leg  to  oncloseyou  herewith  copy  of  letter  which  Mr*  Gilmore 
has  received  from  Mr.  Baucus  and  which  is  self-explanatory. 

Mr.  Gilmore  agrees  with  me  that  it  would  he  a  very  good  plan  for 
you  to  arrange  to  see  what  this  man  has.  You,  inkthout  doubt,  can  spare 
the  time  to  run  down  to  Brighton,  and,  of  course,  it  goes  without  saying 
that  you  want  to  get  all  the  information  you  can.  After  you  have  made 
a  thorough  investigation,  we  would  he  glad  to  have  you  write  us  your 
personal  opinion  of  the  merits  of  their  schema. 


Yours  very  truly, 


JES/twW 


Asst.  Gen.  Mgr. 


[ENCLOSURE] 


Mr.  W.  E.  Gilmore 

Vice  Pres.  &  Gen.  M>gr., 

Edison  lifg.  Co. , 

Orange,  N.  J. 

My  dear  Oilmore  : - 

I  have  just  recaiiB  d  the  following  cable  from  Eriese-Groene : 
"Captain  Lascelles  Davidson  has  succeeded  in  producing  animated  pic¬ 
tures  in  natural  colours  results  here  what  price  for  his  American 
patent  you  can  have  firBt  refusal  cable  to  Eavidson  or  Eriose  Greene 
20  Middle  street  Brighton  England." 

I  know  Davidson  and  Greene  have  been: -.working  for  several 
years  on  this  line  and  have  produced  seme  results.  The  last  time  I 
saw  any  of  them,  however,  X  did  not  oonsidor  that  the  invontion  had 
reached  a  commercial  stage  although  it  had  possibilities.  Of  course 
I  cannot  3ay  whether  it  is  at  a  commercial  stage  now  or  not,  but  I 
think  it  would  bo  worth  vhile  to  look  into  it  and  would  suggest  that, 
you  cable  White  or  whoever  is  in  charge  of  your  London  office  to  go 
to  Brighton,  which  is  about  an  hour's  run  from  London,  see  Davidson, 
mention  my  name  and  report  t  o  you  the  results  of  his  investigation. 

As  to  the  value  of  this  invention  if  it  is  perfected,  you 
can  judge  as  well  as  I  can.  X  os  rtainly  would  not  ad*7iso  your  malclng 
any  offer  until  you  know  a  little  more  about  what  results  have  been 


With  -very  kind  regards. 


Yours  sincerely, 


\ 


Telegrams  &  Cables :  “Randomly, 

Telephone  Nq,'6050,  HOLBORN. 


sfa  "‘A'p.-'*  m‘ 

C/jhoma*  U.  Carton, 


EDISON  MANUFACTURING  ®o  Ltd. 

(FACTORY:  ORANGE.  N.J.,  U3.A.) 


REOE 

jN  [PRIMARY  I  BATTERIES  AND  FAN  MOTOR  OUTFITS 
EI^$^PR(jjECTING  KINETOSCOPES  AND  FILMS. 

25  Clerkenwell  Road, 

London,  E.C. 

2nd  May,  1905, 


J.  R.  Schermerhorn, 
Assistant 


Esq.. , 

General  Manager, 

Edison  Manufacturing  Company, 

Orange,  Hew  Jersey. 


Dear  Sir, 

Your  communication  dated  April  20th  enclosing  copy  of  letter 
written  by  Joseph  D.  Baucus  on  the  date  of  April  18th,  addressed 
to  Mr.  Gilmore  having  reference  to  a  supposed  invention  relating 
to  colour  photography  and  animated  pictures  hy  Messrs.  Ereise  Green 
and  Captain  DavidBon,  Brighton,  England,  is  just  at  hand. 

X  am  quite  well  acquainted  with  Mr.  Green  mentioned  in  this 
communication  and  Enow  Captain  Davidson  "by  reputation.  I  some 
time  ago  saw  some  samples  of  animated  picture  colour  photography 
which  these  people  were  exhibiting  and  beg  to  tell  you  that  I  did 
not  at  the  time  think  their  scheme  practicable,  and  from  reports 
I  have  had  1  very  much  doubt  whether  the  thing  has  been  perfected 
as  indicated  by  their  telegram  to  Baucus.  However,  I  will  be 
glad  to  investigate  for  you,  but  before  going  down  to  Brighton 
I  shall  find  out  whether  they  are  in  a  position  to  give  me  a 
practical  demonstration,  and  just  as  soon  as  I  have  seen  the  real 
article  I  will  write  you  fully. 

Commenting  on  Baucus*  communication  to  Mr.  Gilmore,  will  say 
that  I  am  very  glad  to  see  that  he  has  endeavoured  to  give  you)* 
such  a  correct  report  of  Green's  work.  I  am-  glad  to  be  able  to 
confirm  Baucus*  opinion.  I  know  Green  to  be  a  very  bright  fellow 
and  considerable  of  an  inventor,  but  I  am  quite  as  sceptical 
as  Baucus  in  regard  to  his  colour  photography  having  reached  a 
commercial  stage.  My  understanding  of  Captain  Davidson  is  that  he 
is  the  "lamb",  who  is  financing  these  experiments.  Of  course,  if 
these, people  have  anything  that  is  good  and  I  think  it  important 
enough  I  will  cable  you  on  the  matters  at  any  rate  I  will  learn 
just  what  there  is  to  it,  and  what,  if  any,  arrangements  can  be  made. 

Very  sincerely  yours, 

J.H.W./l.D. 


( 

'£*  Cubic  Codes  Used:  a.i„  A.B.C..  commkkcial. 


LB  S#  *=  5A 


EDISON  /AANUFACTURING  Qo.  Ltd. 

(FACTORY:  ORANGE.  NJ„  U3.A.) 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  OUTFITS 
EDISON  PROJECTING  KINETOSCOPES  AND  FILMS. 

25  Clerkenwell  Road, 


J.  R.  Schermerhorn,  Esq.., 

Orange,  New  Jersey,  U.S.A 


Dear  Sir, 

Referring  further  to  your  favour  of  April  20th  re  the  taking 
of  animated  pictures  in  colour  hy  Messrs.  Green  &  Davidson  of 
Brighton,  England  -  I  have  paid  a  visit  to  the  Laboratory  of  these 
gentlemen  and  thoroughly  inspected  their  process.  I  V7ill  endeavour 
to  he  as  cautious  as  possible  in  reporting  to  you  on  this  matter 
as  you  are  doubtless  aware  I  am  somewhat  apt  to  "enthuse"  on  the 
subject  of  animated  pictures. 

I  will  say  first,  that  while  I  do  not  consider  these  people 
have  yet  succeeded  in  getting  their  process  absolutely  down  to  a 
commercial  basis,  1  do  believe  that  they  have  made  a  most  important 
step  in  the  art,  and  the  results  which  they  have  obtained  are  really 
wonderful.  In  the  first  place  they  were  able  to  project  a  picture 
on  a  small  screen  about  12"  x  16"  showing  a  picture  of  Captain 
Davidson  himself  in  the  uniform  of  a  British  Artillery  officer, 
and  they  were  able  to  bring  out  the  red  coat  with  the  blue  trousers 
and  red  stripe  very  perfectly,  and  also  by  turning  the  smooth  side 
of  the  film  to  the  light  they  were  able  to  reverse  the  colours, 
that  is  to  say,  the  coat  then  appeared  blue.  They  are,  of  course, 
working  along  the  lines  of  the  tri-colour  system,  although  they  use 
a  single  film  only  in  projection  and  employ  no  colour  screens  what¬ 
ever  except  two  glass  prisms  containing  the  primary  colours,  red 
and  blue.  The  film  contains,  of  course,  a  double  image,  and  when 
thrown  on  the  screen  the  two  images  are  transposed,  thus  blending 
the  two  primary  colours,  red  and  blue,  and  of  course  giving  the 
whites  and  greys,  etc. 

The  apparatus  for  showing  the  pictures  is  very  simple  indeed, 
and  in  fact  consisted  of  a  projecting  machine  made  uip  of  the  parts 
of  several  types  including  the  Edison,  Warwick,  Lumiere,  etc,  there 
being  nothing  complicated  whatever.  I,  of  course,  look  at  the 


EDISON  NVANUFACTURING  0o.  Ltd. 

(FACTORY:  ORANGE,  N.J.,  U.S.A.) 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  OUTFITS 
EDISON  PROJECTING  KINETOSCOPES  AND  FILMS. 

25  Clerkenwell  Road, 

London,  E.C. 

matter  from  a  practical  standpoint,  and  immediately  asked  them 
whether  or  not  they  could  shew  me  ^nicture  on  a  large  screen, 

10  to  12  ft.,  and  they  stated  that/fweuld  he  glad  to  give  me  such  an 
exhibition  at  a  later  date,  and  that  for  this  purpose  they  will 
procure  the  curtain  of  the  Empire  Theatre  in  Brighton  and  let  me 
know  when  they  are  able  to  make  an  exhibition.  Personally,  I  am 
inclined  to  be  very  cautious  on  the  subject  of  animated  pictures 
in  natural  colours  as  you  know  so  many  people  claim  to  have  per¬ 
fected  the  process,  but  as  stated  above  I  believe  these  people  have 
done  something  very  important,  and  after  I  have  seen  their  exhibi¬ 
tion  on  a  large  screem  I  will  report  to  you  more  fully. 

How  as  to  terms  -  they  ask  £60,000  (Sixty  thousand  pounds) 
for  the  sale  outright  of  their  American  patents,  but  they  are  open 
to  a  proposition  whereby  you  would  pay  them  a  smaller  amount  and 
give  them  an  interest  in  the  proceeds  from  your  business  in  U.S.A. 
They  have  stated  £60,000  is  the  lowest  figure  they  would  consider 
for  the  purchase  of  the  American  patents  outright.  X  may  tell 
you  that  their  American  patents  have  issued  and  that  X  have  seen 
them.  I  give  you  the  numbers  below,  and  think  perhaps  it  might  be 
wall  for  Mr.  Dyer  to  obtain  copies  in  Washington  so  that  they  can 
be  fully  examined  by  yourselves. 

The  first  patent  is  Ho.  676632  covering  cinematograph 
photography  in  natural  colours  dated  June  1901,  and  taken  out  in 
the  name  of  W.  H.  L.  Davidson. 

The  second  patent  is  Ho.  193673,  dated  February  1904,  taken 
out  in  the  names  of  Jumeaux  and  Davidson. 

You  might  let  me  know  by  return  of  post  if  you  wish  me  to  go 
any  further  in  this  matter,  that  is  to  say,  whether  or  not  you  want 
me  to  secure  an  option  for  you  for  any  length  of  time. 

The  next  time  I  go  to  Brighton  I  will  endeavour  to  procure  a 
piece  of  film  and  send  it  along  to  you.  They  did  not  seem  disposed 
to  give  me  a  piece  of  film  on  my  last  visit. 

I  may  tell  you  further  that  they  do  not  employ  any  colour 
v/hatever  in  the  film  itself  and  they  tell  me  that  the  ordinary 
cinematograph  film  is  used  in  the. process,  and  that  all  they  do  is 
to  immerse  it  in  a  special  bath  which  renders  it  highly  sensitive, 


2. 


EDISON  /MANUFACTURING  6©-  Ltd 

(FACTORY:  ORANGE,  N.J.,  U3.A.) 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  OUTFITS 
EDISON  PROJECTING  KINETOSCOPES  AND  FILMS. 

25  Clerfcenwell  Road, 

London,  E.C. 

so  as  to  allow  thorn  to  procure  sufficient  time  of  exposure  through 
the  red  and  blue  glass  prisms. 

I  shall  watch  very  carefully  what  they  are  doing  with  this 
process  here  in  England.  They  tell  me  they  have  already  sold  an 
option  on  the  English  patents,  and  I  shall  he  particularly  inter¬ 
ested  to  find  out  who  has  taken  it  up  and  what  progress  they  are 
making.  You  may  rely  on  my  keeping  you  fully  posted  at  Orange. 

Very  sincerely  yours, 


J.H.W./E.D. 


CONCERNING  PHOTOGRAPHY. 


BY  HECTOR  MAOLEAN, 


EDISON  /AANUFACTURING  <3©.  Ltd. 

(FACTORY:  ORANGE.  NJ„  U£.A.) 

EDISON  PRIMARY  BATTERIES  AND  FAN  MOTOR  OUTFITS 
EDISON  PROJECTING  KINETOSCOPES  AND  FILMS. 

25  Clerkenwell  Road, 


London,  E.C. 


Dear  Sir,  ANSQy/  ''70 if 

I  MAIN  oijfnce.  1 

With  further  reference  to  the  matter  of  animated  pictures  In 
colours  by  Messrs.  Green  &  Davidson  of  Brighton,  England,  I  enclosi 
you  herewith  copies  of  telegrams  dated  the  8th  and  10th,  and  also 


two  letters  dated  the  10th  which  I  have  received  from  these  people. 

X  think  you  will  find  them  explanatory.  You  will  note  that  they 
are  "Backing  water"  on  the  matter  of  showing  pictures  on  a  large 
screen.  I  have  communicated  with  them  and  advised  that  paying 
£1000  option  is  quite  out  of  the  question,  and  that  unless  they 
care  to  give  me  a  demonstration  on  a  large  screen  as  per  their 
promise  we  will  consider  negotiations  entirely  off.  If  they  come 
to  time  and  give  me  the  demonstration  that  X  require  I  v/ill  communi¬ 
cate  with  you  further  on  this  subject, if  not  I  v/ill  allow  the  matter 
to  drop. 


Very  truly  youre, 


J.H.W./h.D. 


[ENCLOSURE] 


COKf  TELEGRAM  Dated  8th  Hay,.  1905. 

TO  RANDOMLY  LONDON. 


It  has  teen  shown  on  a  large  screen  as  I  told  you'  The  price  cannot 
he  the  same  if  delayed  Thousand  pounds  deposit  must  he  paid  this 
week  for  option  at  my  price  DAVIDSON. 


.  copy  mSEBGHAK  Dated  10th  May,  1905. 

To  RANDOMLY  LONDON 

V/ould  prefer  your  firm  having  my  patents  Must  know  Saturday  latest 
Am  willing  to  pay  five  pounds  for  cable  for  definite  answer 


DAVIDSON 


[ENCLOSURE] 


N.  P.  Co.,  Ltd. 


20,  Middle  Street, 

Brighton. 

10th  May,  1905. 

Dear  Sir, 

In  continuation  of  my  letter  posted  to  you  to-day,  I  wish,  to 
make  it  clear  that  if  your  Company  wish  to  retain  my  interest  in 
the  Patents  I  am  willing  to  accept  forty  thousand  pounds  in  cash 
and  forty  thousand  pounds  in  fully  paid  shares  (limited  liability) . 
Kindly  note  this  correction  in  my  previous  letter  of  even 

date. 

Very  truly  yours, 

(Signed)  V/.  W.  IASCBLUSS  DAVIDSON . 


[ENCLOSURE] 


• 

COPY. 

20,  Middle  Street, 

Brighton. 

10th  May,  1905. 

Dear  Sir, 

Thank  you  for  you r  letter  dated  the  9th  May.  I  wired  you 
this  morning  : 

"Would  prefer  your  Pirn  having  my  Patents  Must  know  Saturday 

"latest  Am  willing  to  pay  five  pounds  for  cable  for  definite 

"answer". 

You  will  agree  with  me  that  it  is  only  right  that  I  should 
know  within  the  next  few  days  whether  your  Pirn  wishes  the  first 
right  to  acquire  my  American  Patents  for  the  natural  Colour  Cine¬ 
matograph  Patent  as  it  is  not  fair  to  expect  me  to  give  your  Pirn 
first  refusal  open  indefinitely  and  lose  chances  of  having  the 
patents  acquired  from  other  quarters. 

I  have  already  proved  to  you  that  my  Patents  are  scientifically 
correct  and  Commercial  by  the  result  shown  you  in  the  Parlour 
Cinematograph,  and  you  already  know  as  a  business  man  that  such. an 
article  in  itself  in  the  United  States  would  be  a  very  money-making 
line  and  a  complete  novelty.  The  exhibiting  of  animated  pictures  in 
natural  Colours  in  public  Halls  would  be  a  very  large  source  of 
income  and  act  in  itself  as  an  Advertisement  to  push  the  Parlour 
Cinematograph.  There  is  no  reason  why  the  above  colour  contrivances 
3hould  not  give  pleasure  to  thousands  and  reach  every  home  like  the 
phonograph. 

I  repeat  my  terms  to  your  Pirm  as  follows 


[ENCLOSURE] 


N.  P.  Co.,  Ltd.  J  $ 

I  am  willing  to  sell  My  Amerioan  patents  and  all  improvements 
on  the  same  Patents  outright  for  the  cash  sum  of  sixty  thousand 
pounds,  or  if  your  Pirn  wishes  to  retain  my  interest  in  the  Patents, 

I  am  willing  to  accept  the  sum  of  forty  thousand  pounds  in  fully 
paid  shares  (Limited  liability)  in  any  Company  or  concern  that  may 
work  my  Patents. 

The  above  offer  to  your  Pirn  only  holds  good  up  to  midnight 
next  Saturday,  the  13th  of  May,  and  providing  the  sum  of  one 
thousand  pounds  is  paid  to  be  before  the  termination  of  the  above 
date  as  a  binding  contract  betv/een  myself  and  your  firm. 

If  your  firm  accepts  either  of  my  offers  as  above,  I  expect 
the  cash  balance  to  be  paid  to  me  within  a  period  of  six  weeks  datiig 
from  the  13th  of  this  month. 

Provided  your  Pirn  decides  by  Saturday  X  will  get  the  use  of 
a  Hall  and  sho w  you  results  almost  double  life  size  in  natural 
colours . 

You  may  see  a  notice  of  my  Invention  in  the  principal  papers 
on  Saturday. 

Trusting  this  letter  will  be  satisfactory  to  your  honoured 
self  and  Pirm 

I  remain, 

Very  truly  yours, 

(Signed)  W.  W.  LAS  CELEBS  DAVIDSON. 

J.  H.  White,  Esq., 

Managing  Director, 

Edison  Manufacturing  Co.  Ltd.* 

25,  Clerkenwell  Road, 

London,  E.C. 


Enc-A 


I 


r 


May  25th, 1905. 


■Win.  E,  Gilmore,  Esq., 

Pres't  -  national  Phonograph  Company, 

;  Orange,  N.J. 

Dear  Sir:- 

Your  favor  of  the  22nd  inst.  has  been  received 
with  attached  papers,  relating  to  the' invention  of  Messrs. 
Green  and  Davidson  on  the  taking  of  animated  pictures  in 
color.  A  copy  of  the  first  patent  referred  to  (No,  676,532 
June  18th,  1901)  has  teen  ordered  and  will  he  sent  you  as 
soon  as  received.  I  have,  however,  examined  the  claims  in  the 
Official  Gazette,  and  they  Beem  to  he  very  poor  and  of  no 


breadth.  The  so-called  second  patent  (No.  193,673,  dated 
February  1904)  to  Jumeaux  and  Davidson  must  be  a  pending  ap¬ 
plication,  as  the  number  corresponds  with  applications  filed 
at  that  date.  1  will  have  a  search  made,  however,  so  as  to 
be  sure  that  this  patent  has  not  been  issued. 

■  :  '  Yours  very  truly, 


fld/ark. 


Prank  L.  Dyer,  Esq., 

Laboratory. 

Dear  Sir: 

Hero  is  a  letter  from  Mr.  Davidson,  of  Brighton,  England, 
together  with  the  copy  of  specifications  of  patent  on  Prism  which  he 
promised  to  send  us  some  days  ago.  I  do  not  know  whether  it  amounts  to 
anything,  hut  send  it  along  to  you  so  that  you  can  look  it  over,  and 
I  wish  you  would  send  it  hack  to  me  with  your  opinion* 

This  matter  is  getting  somewhat  irksome,  as  X  have  had  so.  many 
communications  from  TOiite  as  well  as  from  this  gentleman  direct,  and  I 
want  to  turn  it  down  absolutely  if  there  is  nothing  in  it. 


Yours  very  truly, 


'O.  l 


TVEG/tw 

Enc-C 


President, 


July  5th, 1905, 


Win.  E.  Gilmore,  Esq., 

c/o  National  Phonograph  Co., 

Orange ,  N.J. 

Dear  Sir 

Your  favor  of  the  30th  ult.  has  been  received, 
enclosing  a  letter  from  Captain  Davidson,  together  with  two 
copies  of  a  pending  application  of  Jumeaux  and  Davidson,  relating 
to  tri- chromatic  photography. 

In  looking  over  this  application,  it  strikes  me  Off-hand 
that  the  description  is  very  blind  and  obscure,  and  1  would  ex-  V 
pact  the  Patent  Office  to  require  very  considerable  amendment 
before  accepting  the  same,  so  that  the  patent,  when  granted,  even  ; 
if  otherwise  of  value,  would  always  be  subject  to  the  attack  that  I 
the  invention  was  changed  after  the  filing  of  the  application. 

Aside  from  this  point,  it  would  seem  to  me  that  the  practical  .  I, 
difficulties  of  securing  even  fair  results  commercially  would  be  j 'J 
enormous,  and  the  esroense  of  the  apparatus  would  be  very  great,  gi 
Although  color  photography  was  suggested  at  least  ten  years  ago,  |! 
it  has  made  practically  no  advance  up  to  this  time,  and  in  the  S 

•  |f 

very  nature  of  things,  the  moving  picture  art  muBt  always  be  many] 


W.E, 


Gilmore,  Esq.  -  2. 


years  behind  the  art  of  photography  in  general.  It  seems  to  me 
that  the  situation  here  presented  is  so  obscure  and  indefinite 
and  so  clouded  by  the  suspicious  eagerness  of  Captain  Davidson 
to  get  soma  ready  cash  for  a  simple  option,  that  you  would  be 
perfectly  judtified  in  turning  the  proposition  down  absolutely, 
until  some  plain  business-ill®  and  practicable  suggestion  is  pre¬ 
sented. 

I  return  the  papers  herewith. 


eld/akc. 


Yours  very  truly, 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Color  Photography  -  Powrie,  John  H. 

This  folder  contains  correspondence  and  other  documents,  including 
notes,  drawings,  patents,  patent  assignments,  affidavits,  and  agreements.  The 
selected  items  cover  the  period  1909-1915.  Most  of  the  correspondence  is 
between  Frank  L.  Dyer  of  the  Legal  Department  and  patent  holders  John  H. 
Powrie  and  Florence  M.  Warner.  There  are  also  letters  to  and  from  Edison, 
along  with  other  items  bearing  his  marginalia.  The  documents  deal  mainly  with 
Powrie's  heliochromic  screens  and  related  photographic  processes,  including 
an  automatic  film-developing  apparatus.  Many  letters  relate  to  his  experiments 
in  Paris  and  to  tests  of  his  film  samples  by  Edison's  staff.  One  letter  in  Edison's 
hand  concerns  Powrie's  use  of  the  Galvanometer  Room  at  the  West  Orange 
laboratory;  others  pertain  to  the  commercial  value  of  Powrie's  dry  plates  and 
his  relations  with  the  Pathe  Freres  and  Lumi&re  companies.  Also  included  are 
letters  regarding  the  cost  and  discontinuance  of  Powrie's  experimental  work  at 
West  Orange. 

Some  of  the  correspondence  concerns  Willard  C.  Greene,  a 
photographic  experimenter  in  the  West  Orange  laboratory  who  considered 
Warner-Powrie  film  impractical  for  Edison's  kinetoscope;  Charles  Brasseur, 
another  inventor  working  on  color  photography;  and  Montgomery  Waddell,  a 
former  assistant  to  Edison.  Other  items  relate  to  the  products  of  the  Lumiere 
Co.,  including  autochrome  and  panchromatic  plates,  and  to  consultations  with 
Path§  Freres,  including  a  letter  by  engineer  Charles  Bardy  regarding 
emulsification  machines.  There  is  also  correspondence  referring  to  the  possible 
construction  of  a  new  film  plant,  as  well  as  a  letter  of  introduction  for  William 
C.  Anderson  of  Detroit,  a  manufacturer  of  electric  vehicles. 

Approximately  60  percent  of  the  documents  have  been  selected.  The 
unselected  items  include  U.S.  Patent  802,407,  "Heliochromic  Plate  and  the 
Process  of  Making  the  Same,"  issued  to  Powrie  on  October  24, 1905. 


[PHOTOCOPY] 


2nd  Sept amber ,1909. 

Prank  DHXR,  Esq.,  • 

Hotel  Majestic, 

•  Paris. 

Dear  Sir, 

We  confirm  our  various  conversations  of  the  past  few  days. 

We  are  prepared  to  sell  an  exolusive  lioense  to  exploit 
the  prooess  and  the  produot  oovered  by  letters  Patent  H°  802,471 
issued  for  the  United,  States  of  America  the  24th  day  of  October, 
1906,  and  license  to  exploit  the  said  prooess  and  produot 
for  the  entire  world,  as  applied  to  the  manufacture  of  photo¬ 
graphic  films,  photographio  plates,  oinematographio  films, oine- 
matqgraphio  plates  and  the  making  of  photographs  in  colors  there¬ 
from.  . 

We  hand  you  herewith  a  draft  oontraot  prepared  in  the  course 
of  the  negotiations  which  we  have  mentioned  to  you  between  us 
and  "la  Coapagnle  Odn^rale  dee  Phonographes ,  Clnematographes  et 
Appareils  4e  Precision"  of  Paris,  Prance.  We  have  explained 
to  you  the  situation  with  reference  to , the  negotiations  whidh 


[PHOTOCOPY] 


Frank  DYKR  Bsq. , 


-2- 


2nd  September  1909. 


to  the  royalties  to  he  paid  for  oinematographio  film  and  the 
general  linen  of  an  arrangement  to  he  passed  between  us  with 
referenae  to  the  exploitation  of  the  produot  and  the  process 
for  the  entire  world.  Inpayment  of  such  a  license  we  ask  the 
sum  of  l»o  Hundred  Thousand  Dollars  (j&00,000.-)  in  Cash,  to  he 
paid  at  the  time  of  the  signing  of  the  agreement.  The  royalties 
as  to  the  oinematographio  films  and  oinematographio  plates  to 
remain  the  same  as  set  out  in  the  draft  contract  herewith  en¬ 
closed.  Royalties  on  all  other  films  and  plates  to  he  Sixty 
Cents  (60  oents)  per  square  metre  of  film  or  plate  manufactured. 
We  to  have  a  guaranteed  minimum  royaltyjhyable  to  us  quarterly 
as  follows:-  1st .Year  after  the  signing  of  the  agreement  Twenty 


Thousand  Dollars  (jfeo’,'000.-)  2nd  year:Thirty  Thousand  Dollars 

(jfeO»000 .-)  3rd. year :Forty  Thousand  Dollars  (^40,000.-)  ,4th. 

.. 

and  all  ensuing  years  Fifty  Thousand  Dollars  (^50 ,000.-)  per  annum; 

'  .  *  ■  ■  '  j  .'  V  , 

This  minimum  royalty-  to  he  due  and  payable  during  the  life  of  the 
United  States  Patent  H®  802,471. 

will  prepare  ourselves  to  go  to  America  on  reoeipt  of  a 
satisfactory  reply  from  you  after  oonfere’noe  with  your  associates 
fprthapurpose  of  spending  a  reasonable  time  in  discussing  the  . 

explaining  the  prooess  and  making  such  demonstrations 
tlle  8tata  °f  the  negotiations  without. 


[PHOTOCOPY] 


Prank  DYER.Bsq.,  2nd  September  ,1909. 

It  ie  understood  that  you  advance  for  the  purpose  of  defray, 
ing  the  expenses  inoldent  to  making  this  trip  the  sun  of  Pive 
Thousand  Dollars  (^5,000.-)  and  provide  suoh  materials  as  may  be 
required  in  your  laboratory,  the  expenses  of  any  demonstrations 
that  he  required  to  be  defrayed  by  you. 

This  we  think  oovers  the  situation  sb  outlined  in  our 
various  conversations.  »e  do  not  understand  that  we  are  offering 
you  an  option  on  the  purohase  of  these  rights  or  in  any  way 
restrioting  our  right  to  dispose  of  them  to  other  parties  and  for 
that  reason  we  do  not  mention  any  time  or  date  as  a  limit  for  the 
aooeptanae  of  the  terms  hereinabove  outlined. 

Paithfully  yours, 


[ATTACHMENT  (PHOTOCOPY)] 


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October  29,1909. 


Mr.  John  H.  Powrie, 

Hotel  De  Crillon, 

Place  de  la  Concorde, 

PariB,  Pranoe. 

%  dear  Mr.  Powrie 

Yours  of  the  19th  inst.  has  been 
received  and  1  am  very  glad  indeed  to  hear  from  you,  beoause 
it  has  been  so  long  since  I  had  had  any  word  that  1  was 
afraid  the  promised  experiments  had  failed. 

I  am  very  pleased  indeed  to  hear  that  the  BampleB 
were  to  be  sent  by  the  Mauretania,  so  that  I  should  reoeive 
them  tomorrow  or  Saturday.  1  will  then  take  up  the  matter 
with  Mr.  Edison  and  will  let  you  know  just  as  soon  ub  poss¬ 
ible  what  decision  is  reached. 

Believe  me  - 

Yours  very  truly, 


ELD/ ARK. 


Vioe-PreBident. . 


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/C^c^rU.  ^Z7^e<-f  C-<sz<^ 

S  t7  <7 

6&1  eo?  jSL-jCszz^^  yT-^-d, 


HOTEL  I»12  CR1LLON 


. 


IS  LA  CONCORDE 

rt:  Witty:  "CRILOWOTELtl 


-WA -  C7^^U  _ 


f  arm  Ho.  260. 

THE  WESTERM  PHIOM  TELEGRAPH  COMPANY. 


- IHUORPOKATlU - 

23,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 


EL  o  war,  (John  H.  Powrie)  ■  ll/23/o'j  . 


C/o  Amexoo,  PariB. 

Samples  not  received.  .  I b*  there  any  hope  of  your  sending 

them?'  ...  '  •  •  •  '  .  '  ' 

_  Dyer.  . 

(Prepay  and  chg.  E.  Mfg."  Co.)  ■  •  .  '  v  • 

or  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK. 


Hr.  John  ir.  Powrie, 

Hotel  de  Crillon, 

Place  de  la  Concorde, 

Paria,  Prance. 

Dear  Hr.  Powrie: 

Yours  of  the  19th  inst.  has  been  received,  and  1 
am  very  glad  indeed  to  hear  from  you  even  though  you  do  not  write 
ae  encouragingly  as  1  hoped. 

You  are  quite  right  in  believing  that  the  samples  to  be  sub¬ 
mitted  ought  to  be  in  good  shape  and  that  it  would  hardly  be  vM.se 
to  submit  anything  that  will  not  stand  the  test  of  close  criticism. 
V/hen  X  submit  the  proposition  to  Mr.  -Edison  I  want  to  do  so  under 
the  conviction  that  the  prooess  can  bo  put  into  oomnercial  use  with 
very  little  experimenting ,  other  than  may  be  neoeBsary  to  deBign  and 
instal  the  necessary  apparatus  for  carrying  it  out  on  a  large  scale. 
Of  course  I  know  that  you  and  Mis  s  Warner  will  do  all  that  is 
possible  to  bring  your  experiments  to  a  successful  conclusion  in 
the  minimum  time;  but  I  can  assure  you  that  I  am  very  anxious  indeed 
to  put  the  matter  up  to  Mr.  Edison  in  order  that  the  question  can 
be  decided  one  way  or  the  other. 

I  thank  you  very  much  for  your  assuranoe  that  you  v/ill  not 
die  dose  the  information  to  anyone  else  until  we  have  had  the 


Powrie . 


(2) 


11/29/09. 


1ST.  'John  it. 

opportunity  of  passing  upon  the  proposition,  and  I  will  try  to 
possess  my  soul  with  patience  until  1  hear  finally  from  you  vriLth 
definite  practical  results. 

Please  give  my  best  wishes  to  Miss  Warner,  and  believe  me, 
Yours  very  truly, 


•s&o/tm 


Vice-President. 


A  CONCORDE 


HOTELdeCRIIXON, 


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Ee.c....„2isi,. . ._^£09 . 

PEACE  Dli  LA  CONCORDE 

JUl  TtSldy.  "CRILOJVOTEL,, 


ill'.  Frank  D.  Dyer, 

Orange,  Hew  Jersey. 

Liy  dear  Hr.  Dyer:- 

\7e  wish  to  acknowledge  receipt  of  your  letter  of  Eov. 
29th  and  to  inform  you  that  we  are  sending  you  under  separate 
cover  in  this  mail  some  samples  of  the  screen  film  and  such 
photographic  results  as  it  has  been  possible  for  us  to  obtain 
under  the  present  conditions  of  working.  Vie  have  decided  to 
send  you  these  results  for  the  reason  that  they  are  conclusive 
evidence  that  the  screen  film  and  photographic  image  can  be 
properly  united  without  difficulty  and  negatives  taken  and  posi¬ 
tives  printed  from  them  and  subjected  to  the  heat  of  the  projec¬ 
tion  lantern  without  alteration,  rendering  a  reproduction  in 
colors  approximately  true  to  nature  for  the  cinematograph. 

Furthermore,  we  have  reached  a  point  where  further  pro¬ 
gress  is  impracticable  under  the  present  conditions  existing  in 
this  laboratory.  We  find^  in  order  to  secure  uniform  coating 
of  the  emulsion  upon  the  screen  film,  whioh  is  the  root  of  the 
present  trouble ,  we  shall  be  obliged  to  build  a  new  machine,  as 
our  present  apparatus  is  quite  unsuitable  for  this  purpose. 

She  variation  in  the  thickness  of  this  emulsion  coating 
gives  rise  to  other  Berious  errors,  aside  from  producing  a  varia¬ 
tion  in  the  densities  of  the  photographic  image,  the  thinner 
portions  of  the  coating  dry  quicker  than  the  thicker  portions, 


HOTEL  1JE  CRILLON 

2  -  Mr,  Dyer. 


PLACE  DE  LA  CONCORDE 

JJd:  nUj;  "CRIIOJVOTEL,, 


ana  thiB  is  an  important  factor  in  varying  the  color  sensitive¬ 
ness. 

She  portions  v/hich  dry  first,  being  more  sensitive  to 
the  yellow  and  red. 

’.7e  find  furthermore  that  these  variations  are  augmented 
by  reason  of  our  working  with  too  small  quantities  of  material, 
bands  of  film  dried  in  a  box  being  qxiite  different  from  those 
dried  in  a  large  room,  etc.  and  our  present  apparatus  and  limited 
space  in  v/hich  we  have  to  v/ork  admits  of  no  further  improvements. 

As  we  remarked  in  our  last  letter  these  are  things  that  . 
would  not  exist,  and  do  not  in  a  continuous  manner  of  v/orking, 
where  the  coating  of  celluloid  film  is  turned  out  commercially, 
but  are  of  a  very  serious  nature  for  us  where  the  experiments  are 
conducted  upon  short  Btrips  of  a  few  feet  in  length. 

It  has  been  our  desire  to  produce  some  long  hands  for  pro¬ 
jection,  and  we  endeavored  with  this  end  in  view  to  get  the  use 
of  one  of  Dathd's  machines  for  coating  the  narrow  hands.  Our 
3oreen  film  having  been  ooated  out  and  perforated,  we  found  it 
impracticable  to  reooat  it  again,  on  account  of  the  perforations 
lotting  the  emulsion  get  on  the  hack  through  v/hich  the  exposure 
has  to  he  made  and  it  is  difficult  to  olean  off. 

In  reference  to  this  matter  we  wrote  Hr.  Bardy,  their 
engineer,  to  see  if  he  could  get  a  machine  or  suggest  a  method 


IIOTELME  CHILLOK 


PLACE  »E  LA  CONCORDE 

JM:  TMj!  "CIUr.OJVOT£I.„ 


3  -  Hr.  Dyer. 

of  improving  the  emulsifying. 

IVe  intended  to  rent  or  purchase  such  a  machine,  hut  find 
this  out  of  the  question.  In  his  reply  he  advises  us  to  have 
the  hands  coated  by  loathe,  anil  says  he  cannot  ask  them  for  siich 
a  machine,  and  advises  proceeding  on  commercial  lines,  as  he  is 
satisfied  we  have  abundantly  demonstrated  the  commerical  utility 
of  the  process,  and  in  his  opinion  should  now  begin  the  installa¬ 
tion  of  a  factory  for  the  manufacture  of  the  soreen,  the  emulsion 
being  no  obstacle,  he  naturally  points  out  the  advantages  of  an 
alliance  with  the  Pathe  Co.  to  effect  this  most  expeditiously. 

Y/hile  our  recent  researches  have  been  most  valuable,  we 
oannot  but  admit  the  truth  of  Hr.  Bardy's  statements,  but  find 
that  it  has  rather  precipitated  a  crisis  in  our  affairs,  and  we 
are  therefore  obliged  under  the  oiroumstanoes  as  we  promised,  to 
submit  you  these  samples  first  and  give  you  the  opportunity  of 
presenting  the  matter  to  Hr.  Edison  exaotly  as  it  stands.  We 
oannot  well  accept  the  Pathe  offer  to  coat  our  screen  film  and 
place  ourselves  under  obligations  to  them,  and  then  submit  our 
first  results  to  you. 

V/e  do  not  feel  that  it  is  necessary  to  make  apolagies 
for  the  imperfeotions  appearing  in  the  specimens,  -  the  result 
of  the  conditions  already  referred  to,  and  the  dust  and  dirt 
from  the  engine  and  workshop  that  are  attracted  to  the  film  by 


HOTEL  HE  CRILLON 


PLACE  DE  LA  CONCORDE 

_*/.■  T, "CRIMWOTEL,, 


4  -  Mr.  Dyer. 

the  static-eleotricity  when  being  coated. 

She  samples  we  are  Bending  we  have  marked  as  follows: 


Color  screen  film  for  cinematograph.  Has  been  coated 
with  emulsion,  out  and  perforated,  and  emulsion  washed  off. 

(Y/ith  suitable  machinery  the  narrow  bands  may  be  re- 

ooated. ) 

Shis  of  course  is  an  advantage  not  to  be  overlooked. 

-A- 

Color  screen  film  with  weak  colors,  capable  of  giving 
satisfactory  color  results  with  ordinary  illumination. 

-  C  - 

Positive  on  normal -color  screen  2,  requiring  extra 
illumination  for  projection. 


-  D  - 

Pieces  of  negative  film. 

-  E  - 

Pinatype  print,  (made  from  plates). 


HOTEL  DE  CRILU 


PLACE  I)E  LA  CONCORDE 

Jtd:  TdlSj.  "CJULOArOTEL„ 


5  -  Hr.  Byer. 

0  made  from  color  screen  negative  of  same  subject 

as  E. 

If  we  are  not  mistaken  you  took  with  you  some  prints  and 
specimens  of  our  glass  color  screen  plates,  so  we  will  not  en¬ 
cumber  the  parcel  with  glass. 

Y/e  are  nov;  at  a  point  where  we  are  prepared  to  go  to 
America:,  and  demonstrate  that  our  process  of  making  color  Bcreen 
on  film  or  glass  is  practical  and  commercial  and  to  make  such  a. 
demonstration  us^seen  by  Hr.  Bardy,  and  which  he^as  engineer  of 
the  Path&  Co.  regards  as  sufficient  to  warrant  the  installation 
of  an  industrial  plant  .and  we  are  confident  that  both  you  and 
Hr.  Edison  will  partake  of  his  oonviotion. 

V/e  regret  the  long  delay  in  arriving  at  this  point,  but 
have  not  felt  satisfied  until  now  that  we  had  solved  all  the 
teohnical  problems . involved  in  order  to  put  it  into  commerioal 


We  have  a  finished  machine  for  the  manufacture  of  the 
color  screen  plates  of  8"  X  10"  in  size  or  under,  -  capable  of 
making  about  50  dozen  plates  per  day  (30  square  metres). 

We  are  prepared  to  construct. a  full-sized  working  model 
plant,  to  coat  and  finish  color  screen  film  of  11  inches  in  width 
and. 150  foot  lengths  or  under, similar  to  our  small  modei  in  use 


HOTEL  1>E  CRII-LON 


o^-  / 

l£ec~. 


d? 


PLACE  I)E  LA.  CONCORDE 

JJd:  SVlUj.-  "CRIEONOTEL,,, 


here.  This  will  cut  into  eight  (8)  cimma  hands. 

We  approximate  the  cost  of  material  required  for  coating 
with  color  screen  the  glass  or  celluloid,  exclusive  of  the  labor, 
the  support  itself  and  the  emulsion,  the  cost  of  the  plant  or 
investment  and  incidental  running  expense  to  he  approximately 
ts&a  per  1000  plates  8"  X  10"  in  size,  i.e.  333  dozen  4"  X  5" 
plates,  or  over  4700  running  feet  of  oinematograph  film. 

I'his  sum  added  to  the  cost  of  labor  and  incidental  expense, 
etc.,  etc.  for  its  preparation  upon  the  ordinary  photographic 
plate  and  film  cost  price  will  give  the  cost  of  the  color  product. 

The  labor  required  for  handling  the  plates  or  film  in 
large  quantities  oan  he  made  semi-automatic  and  should  be  com¬ 
paratively  small.  Sufficient  to  say  from  what  you  have  seen 
and  read  of  the  process  and  what  you  know  oan  be  aooomplished 
industrially,,  we-  allow  you  to  judge  that  there  is  no  process  of 
color  photography  that  oan  approach  ours  in  eoonomy  of  production. 

Incidentally  we  will  tell  you  that  vie  have  done  some  vi ork 
upon  a  method  of  cinematography  in  color  that  involves  the  use  of 
the  color  screen  negative,  from  which  however  upon  a  single  posi¬ 
tive  film  without  this  color  soreen,  it  shall  be  possible  to  pro- • 
dues  automatically  and  by  natural  color  selection,  a  fairly  cor¬ 
rect  reproduction  of  the  original  color,  and  at  a  figure  probably 


7  -  Hr.  Dyer. 

■below  that  at  which  Pathb  can  ao  the  machine  coloring.  '  This 
will  admit  of  being  projected  with  apparatus  of  much  lower 
illuminating  power. 

Ur.  Harper  has  made  'a  translation  fo,r  us  of  Hr. 

Bardy'.s  letter,  which  we  enclose  at  his  suggestion.  Kindly 
treat  the  communication  of  Hr.  Bardy  as  confidential  and  return 
the  original  to  us,  at  your  earliest  convenience. 

We  are  telegraphing  you  to-day  as  follows:  • 

W  XuJ 

'e&irb'/sesf'A  —  T^oo^r/e  — 

notwithstanding  this  reaches  you  in  the  middle  of  the 
holiday  season,  we  ash  you  to  be  as  prompt  as  possible  in  giving 
us  a  reply,  for  we  are  now  ready  to  form  an  allianoe  and  needless 
to  say  we  would  prefer  it  in  America,  and  should  like  to  have  it 
oome  through  you. 


Mrs.  Warner  joins  us  in  extending  the  season's  greetings, 
and  we  wish  you  many  of  them. 

Very  sincerely. 


[ENCLOSURE] 


misii 


i  o  jjf. 


30,  rue  da  liirome  anil 
Paris,  December  18th,  1909. 

Hi sb  Flo  ranee  Vfamer.  | 

Hr .  J .  Powrie .  I 

By  your  letter  of  14th  inst.  you  ask  me  to  give 
you  my  opinion  on  the  subject  of  your  work.  This  is  my  reply. 

You  have  arrived  after  "  long  effort  and  labor, 

to  which  it  gives  me  pleasure  to  render  hommage,  in  creating  a 
LSvujl**.  1 

method  for  the  manufacture  of.  fine  rdseaux  colored  on  celluloid, 
which  nobody  has  been  able  to  do  up  to  this  time.  I  have  no 

doubt  of  the  practioability  of  the  industrial  realization  of  ,such 
S^re.e%s  ,0f 

reseaux,  the  machines  for  making  them  being  simple  and  easy/con¬ 
struction.  With  your  rudimentary  material  which  you  have  used 
in  my  laboratory  you  have  produced  negative  and  positive  images 
which  leave  no  doubt  of  the  realization  of  color  photography  by 
the  aid  of  these  rdseaux.  These  proofs  are  without  doubt  still 
imperfect,  but  these  imperfections  must  be  attributed  not  to  the 
method,  but  to  a  number  of  causes  independent  of  the  method,  such 
as  dust  existing  in  an  unpurified  atmosphere,  machines  of  the  most 
rudimentary  type,  and  above  everything  else,  a  lack  of  suitable 
emulsions.  How  to  make  good  sensitive  emulsions  to  obtain 
with  your  rdseaux  good  negative  and  positive  proofs,  it  is  in¬ 
dispensable  to  be  able  to  give  them  not  only  a  great  sensitive¬ 
ness,  but  also  to  make  them  with  a  very  fine  grain,  a  very  small 
quantity  of  gelatine  and  a  very  high  percentage  of  silver.  These  w 


[ENCLOSURE] 


emulsions,  which  it  is  possible  to  make  industrially  by  an 
experienced  operator,  are  exceedingly  difficult  not  to  say 
impossible  in  a  laboratory  having  no  sufficient  means  of 
refrigeration  and  not  allowing  operation  upon  a  sufficiently 
large  quantity  of  material.  Everybody  who  makes  these 
emulsions  knows  that  it  is  impossible  to  prepare  good  emulsions 
without  working  on  many  kilograms  at  once .  It  would  then  be 
to  lose  valuable  time  to  try  to  push  further  your  work  under  the 
conditions  in  which  you  find  yourselves.  What  you  have  done 
and  the  results  you  have  obtained  show  most  abundantly  that  you 
have  solved  the  problem.  Shat  is  why  I  think  that  no w  only  an 
industrial  installation  can  furnish  results  equal  if  not  far 
superior  to  anything  known  to-day.  She  Bathd  Company  would 
willingsooat  with  its  emulsions  your  little  bands  fitted  by  the 
reseaux,  becaxise  it  possesses  the  necessary  machinery  for  this 
work,  but  for  special  reasons  which  are  not  for  me  to  pass  upon, 
you  have  not  thought  that  you  could  aooept  its  offer,  and  it  is 
not  possible  for  me  to  ask  the  Company  to  loan  you  one  of  its 
machines  nor  even  to  give  a  description  thereof,  without  its 
authorization.  This  Company  moreover,  with  its  splendid  equip¬ 
ment,  has  every  facility  to  construct  and  install  rapidly  all  the 
material  which  would  be  necessary  for  you. 

This  answers  I  believe  fully  the  question  in  your  letter 
with  reference  to  the  coating  of  bands  in  small  sizes. 

Yours  truly, 

(SIGHED)  Charles  Bardy. 


Jan.  12,  1910. 


Mr.  John  H.  Powrie  , 

Hotel  Do  Crlllon, 

Place  Do  La  Concorde,  • 

Paris,  Prance. 

My  doar  Mr.  Powrie  : 

Your  favor  of  Doc.  21  was  duly  ro- 
ceivod,  together  with  tho  various  samples  referred  to 
therein,  and  I  wish  at  tho  prosont  time  meroly  to 
aoknovH.odgo  roocipt,  end  not  make  a  definite  report. 

At  the  same  timo  it  is  due  you  to  soy  that  tho  situation 
does  not  look  ns  favorable  as.  I  hoped  it  would  when  1 
was  in  Paris. 

In  presenting  tho  matter  to  Mr.  Edison, 
and  running  over  the  various  papers  with  him,  his  mind 
instinctively  contered  upon  the  request  made  by .Mr.  Patko 
that  a  sample  of  a  moving  picture  positive  several  yards 
in  longth  should  be  submitted,  for  the  consideration  of 
tho  directors. 

Unfortunately,  there  was  no  sample  of 
a  moving  pioturo  negative,  or  at  least  a  print  therefrom, 


Pago  2, 

Mr.  Jo]in  H.  Povvrio, 
Jan.  lg,  1910. 


Tout  only  the  print  of  a  still  life  picture,  and  this 
v.aa  hardly  long  enough  to  give  very  much  of  an  impression 
as  to  the  of foot. 

I  told  Ur.  Edison  that  you  realised  the 
difficulty  of  getting  omuls  Iona  that  were  sensitive  enough 
to  the  colorod  rays  at  '.he  high  spoed  necessary  in  motion 
photography,  hut  ho  seems  to  foci  that  these  difficulties 
are  very  much  groatar  than  you  apparently  anticipate.  As 
a  matter  of  fact,  ho  scorns  to  feel  that  the  production  of 
the  screen  v.aa  only  a  very  short  stop  toward  tho  ultimate 
solution  of  tho  ontiro  prohlom. 

In  this  connection,  I  might  say  that  he 
spoke  in  tho  most  complimentary  terms  of  your  screen,  and 
said  that  it  was  enormously  superior  to  anything  of  tho 
kind  he  had  ovor  seen  before.  1  do  not  make  this  as  a 
final  and  definite  report,  because  one  of  Ur.  Edison's 
photograph  experts  is  at  the  present  time  looking  more  close¬ 
ly  into  the  question  of  the  speed  of  emulsion,  and  ho  may 
fir.d  that  Mr.  Edison's  fears  in  this  roopoct  are  without 
foundation.  At  tho  same  time,  I  think  I  should  be  entirely 
frank  with  you  and  tell  yon  Just  what  the  present  situation 
is,  but  I  hope  moot  sincorely  that  tho  experiment  which 
Mr.  Edison  will  have  mado  will  convince  him  that  at  least  a 


Pago  3, 

Mr.  Jolm  II.  Powrio, 

Jun.  12,  1910. 

good  ground  for  hope  exists  in  the  developments  of 
th.o  process  from  a  commercial  point  of  view. 

It  is  interesting  to  note  that  ir.  dis¬ 
cussing  the  question  of  color  photography  with  Mr.  Bra on our 
the  other  day,  I  mentioned  to  him  tho  difficulties  which 
might  ho  cxpcctod  ii  connection  with  tho  slowness  of 
omulsion,  and  ho  assure',  mo  that  ho  did  not  anticipate 
any  particular  difficulty  in  that  direction. 

In  this  respect  of  course  Mr.  Brasseui-'s 
opinion  coincides  v  it’  your  ov.n.  As  soon  no  I  hear  from 
the  expert  who  is  making  tho  experiment  for  Ur.  Udison,  I 
'ill  lot  you  know ,  and  you  can  root  assured  that  tki3 
will  ho  just  as  coon  no  possible. 

Ploaso  give  my  .best  regards  to  Miss  Y/arnor, 
and  bcliore  mo. 

Yours  very  truly, 

Vioe  President. 


I'W/m 


fan.  14,  1910, 


Mr*  frarOi  If  VS*?-, 

Sdlscai  j£qprfaobwiug  c 

Orange,  H.  J. 


4s  aompliende  -With  Mr.  Edison's  end  yOur  are-* 
tfcuarti  i  fcav4  blade  tefev&ral  proiLimihar^  bacpbJrimotttb 
tlfc  VeJekfc*  v.  fedfalife  filk  ft^beii  Btttoifed*  and 
M^ke  4aVa  iffejt-  fcteu*  ad&jiiUfcatiUd 
dlt  ^  6pta!t&4i4d  aha  A^iijyttSLdiS  bd  tid  jpttiarfir 

X  kW  4«  dW'Sij  Udk  4usfc*  tiWLu 
'ate  4&t  Vd  \>d  iiiikatWed  Mfek  hdy  ootopletot  W4 

iMMfcft  Vs  ^4kp.td  •&«  ednor&l  difficulties  t'6  be 


fed  'ibilttitp'  Idih,  at  1.1:30  A.  M,  (no  ddtoot  eunllght ) , 
k  kdkioro  Panchromatic  $  rapid  plate  (proba¬ 
cy  4  Wirt  ednelbivB  surface  tfiim  world 

%4')v  ttkd  4  ^oriojj  Ill,  8  %Wff,  the 

^40  foiling  exposures  were  made  to  ohoaJr  other  pnevione 
^^pd'etitWA^ 


So.  Xr 


tth  fcl 

ilfct  0> 


ape 
1/18  fide 

Panchromatic  d  plus  W.*Pi  fcorteri 
&ena  ^£iHstii»d  S^Sil 


lil«i‘  wt* 


1  eo6c 

fcd*b  ope&hrd  $-ai 

6  Seconds 

PabtihrdttBtlo  0  pltid  WrP,  eda^ktt  pliid 
^ompeiiBiatiog  £tlt&r 


So.  4. 


w*0  ww?  fffflyw  Y*f 
^ti^fr  jfy?  ffipfr  mr  pk-t  wa$v 
p  fyM  i^< 


Wffi  wtyw  pmiij  ^  pfi  ,?fi 
tyipffi  fp  *$&  Ff'^pf  nfi  w  ,5p*w 
jWWj  *9  Pn/ffutowi  jmqw*  ?  $<? 

tto  wjij,^  b^fP  m  .pwtwtto  wwPty*  W 

lenses  working  $*j  tho  externa  opertuypp  @£'p-3,,fi  to  S>A, 
it  haa  boon  fovurd  dmpraptiuai  to  use  £u<>h  apertures  in 
general  Kinefceeoopp  work,  ae  the  nogatiraB  have  insuffi- 
oient  sharjBK|BB  due  to  the  BmaH  -depth  of  fOous  Of  Senses 
working  at  puah  large  aperture  a*  CO  obtain  the  rO^ai- 

site  sharpnosO,  aporturos  from  $*g  to  2V18  aro  nebdsahry. 
Also,  Ooltr  worlt  ok  error  of  orer  ^  is  doaidediy 
a  oritiOal  oonditibn  and  the  poroent  of  failures  therefore 
would  he  much  greater  than  with  the  present  routine  work. 

An  extremely  Important  point  tp  ppneldoj?  1b  the 
adheraao*  o£  the  go  latino  amulsion  to  the  film.  J,t 
has  not  been  determined  it  the  so^een;  per  ae  would  ^prt 
an  unfaTQra'ble  influenoe  upon  thsadheranoe.  Celatlne 
emulsion  will  sWip  from  oblluloid  unless  the  film  is 
apeelally  trtok.  akl  considerable  experimental  work 
would.  Vd  hdoaibii^-  with  tVe  Doreen  to  determine  the 

feMht  iWfeiW  Vfeafeeni-t 

iWk  gk^e  as  mibi  iirib  graink  mu 

J&otieii  aoir'4  jhJjiiSL  doiapyfcbatiisg  tt  ' 

War  pafclWW.  doeiWidritos  t  cdf*  rapid  shutter  devifchs, 
pooitifo  printing,  dO-sensitiirtng  'hr  development,  etc,*. 
^>* 1  t  toe  W  Vmlorja&sn  $*$«  dtoidaret-r 


Jan.  SO,  1910. 


Mr-  John  K.  ?owrio, 

Hotol  do  Crillon, 

-loco  do  1:  Concordo , 

Haris,  Franco. 

H y  doer  Mr-  Powrio : 

Some  d:  ye  r.co  Mr.  Edison's  photogi'uphic 
onport,  .Mr.  Willard  C.  Groono,  oubnittod  a  report  on  tho 
nub;] cot  of  neroons  in  ta.kinc  moving  pictures  under  tho  conditions 
of  color  pliot ocraphy.  Shis  too  the  spool-.  1. point  that  Hr. 

Edison  ontortninod  tho  most  serious  doubtc  about .  I  nov; 
bofi-  to  onelooo  a  copy  of  Mr.  Oroono 'o  report  find  also  of 
tho  photographs  ho  refers  to. 

I  do  not  protond  to . understand  the  point  that  hr. 

Oroono  naltos ,  but  I  rofer  tho  matter  to  you  bocauso  1  Iciot/ 
that  if  these  objootiono  aro  not  v/oll  taken  you  arc  proba.bly 
the  boot  nan  in  tho  world  to  ansivor  thorn.  Will  you  look  over 
this  report  of  .Mr.  Gronno  end  considorit  oarofully  end  lot 
no  know  in  doto.ll  what  you  think  hio -objections  amount  to." 

I  will  then  take  up  tho  matt  or  with  Mr.  Edison,  and  so  far  as 
I  can  toll  .ho  is  favorably  inclinod  to  the  General  pro -ositi on 
providod  wo  can  oonirinoo  him  that  a  roasonablo  chanpo  odists  \ 
for  ovorooninc  those  diffi cultioo. 

I'Ll)/ IV.T  ;  Yours  very  truly, 


V.  ?. 


THE  WESTERN  UNION'  TELEGRAPH  COMPANY. 

- INCORPORATED - —  .  '  ’  ' 

93,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 


Sent  ©sport*  o.r  a  port  Iocb  nl'^xb.  Doubt o  ouooocs  dtid^to' 

olovmcoc  fiul  onraloion  end  aoroon  cdhorcnoo .  Co  .dornonntrato 

duooodo,  can  you  cond  tnonty  aotoro  iiovinG  pieturo  noeotivo 
of  riovihe  object a  twonty  por  second,  and.poGitivc  colorod 
print'  of  onmo  v/ith-  orimloion  on  ocroon? 

Dyor'.  _  ,  -  - 

( Che.  Ilf gW  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK. 


Jon.  21,  1910. 


iir.  John  IT.  Powrio, 

hotel  do  Crillfin, 

f'laeo  do  la  Concordo, 

Perl a,  Trance. 

Hy  door  lir.  fowgic: 

I  m  in  rooolpt  of  your  c;.blogrom  of  tho 
21st,  reading  ;o  follows: 

"Color  cihomutography  abaolut  ly  dcnonotratod. 

ITavo  concitisod  twenty  motors  Haottr-n  film.  Fully  tinod 
negative  made  by  Fatho.  fwonty  ospoou.res  p or  nooond  tlirough 
our  color  aorcon.  Can  demonstrate  samo  for  you  with  oanl- 
oion  on  acroon. " 


I  immodiatoly  sent  for  Mr.  Miaon's  photographic 
export ,  i.Er.  Groono,  whoso  report  I  cont  you  laot  night,  and 
allowed  title  c-'blngr:  m  to  him.  Ho  was  naturally  mono  or 
loco  shoptionl,  a a  l  find  that  ho  io  vory  firm  in  tho  opinion 
that  the  difficult! oa  pointod  out  by  him  in  hia  roportaro  roally 
very  great.  I  oooura  to  mo  that  tho  only  thing  to  do  v/aa  to 
have  you  metre  tho  domonatration  you  roforrod  to  end  I  h.  vo 
thoroforo  cablod  you  ao  follows: 


"Sont  o  sport  a  roporfc  laot  night.  Doubt  a  cv.ccoob  • 
duo  to  slownocs  and  emulsion  and  aoroon  adhcronco.  Domon.- 
atrato  auocooa 

,  onn  you  pond  twenty  motcra  moving  pioturo 
negative  of  moving  object a  twonty  por  aooond,  and  poaitivo 
colorod  prints  of  sano  with  omulaion  op  do  ■oon?" 

I  hope  that  you  will  bo  ab lie  to  do  this  without  unduo 


£ 


^difficulty,  booauo.o  it '.would  radio  my  tonic  of  presenting  the 
wliolo  quoation  to  Mr.  Edison  in  o  fovoro'blo  light  nucli  oaaior. 
I  do  not  want  to  liavo  anything  -tcrnod  down  th-it  nny  Ir.tor  on 
dovolop  in  tho  hands  of  our  competitors,  and  I  -till  have  a 
Tory  strong  faith  in  all  that  you  and  Llics  Y/nrnor  told  no  in 
Paria.  At  any  rate,  uhatovor  my  l>o  tlio  outeono,  i  an 
doing  all  that  I  can  to  have  tho  procoso  prooented  hero  in  tho 
moot  favorable  light. 

Yours  very  truly, 


ELI)/ ITT 


7ioo-  rooidont. 


^...January  23rd ,  10 

PLACE  DE  LA  CONCORDE 

JM:  T4lty  "CRJLOMOTELn  . 

Mr.  Frank  1.  Dyer, 

My  dear  Mr.  Dyer:- 

We  wiBh  to  acknowledge  receipt  of  your  letter  of  ... 
January  12th,  in  whioh  you  say  that  Mr.  Edison  apprehends  the  diffi¬ 
culty  of  obtaining  sufficient  sensitiveness  in  the  emulsion  for  moving 
pictures  are  greater  than  we  think  for,  and  that  the  making  of  the 
color  screen  is  hut  a  short  step  toward  the  solution  of  the  problem; 

In  our  researches  throughout  Europe  for  colors  for  filters, 
for  emulsion  and  for  sensitizers,  we  have  gone  to  the  fountain  head 
to  investigate  and  obtain  what  vie  needed  and  have  had  the  assistance 
of  the  most  expert  chemists  in  the  preparation  of  oolor-sensitizers 
as rwell  as  emulsion,  and  are  thoroughly  equipped  not  only  to  demon¬ 
strate  all  we  have  claimed,  but  are  ready  to  commence  the  construction 
and  installation  of  a  plant  for  the  production  of  color  soreen  film 
for  the  hand  oamera  or  the  cinematograph  and  a  practical  scheme  for 
plates  and  paper  pictures  in  color.  On  the  evening  of  July  19, 

1908,  we  exhibited  before  the  French  Photographic  Society  some  of  our 
color  screen  plate  pictures,  one  of  which  was  the  figure  of  a  man 
jumping  pver  a  flower  bed,  the  exposure  having  been  made  in  less  than 
a  twenty-fifth  of  a  second,  the  emulsion  used  was  not  faster  than  that 
made  by  Cramer  Dry  Plate  Co.  -  Seed  Oo.  -  or  Eastman  film,  but  by  the 
sensitizers  and  the  physioal  treatment  of  the  plates  the  color. ^sensi¬ 
tiveness  was  augmented  to  suoh  a  degree  that  the  use  of  a  compensating 


HOTEL  »E  CRILLON 


HOTEL  11E  CRILLON 

-  2  - 


PLACE  I>E  LA.  CONCORDE 

Jta:  T<U4yt  "CRILCWOTSL,, 


filter  was  rendered  mine  pessary . 

Phis  and  other  specimens  were  subsequently  exhibited  before  the 
Koyal  Photographic  Society  in  Iionaon,  ana  attracted  much  attention 
throughout  the  entire  photographic  woria  as  aemonstrating  the  possibili 
ties  of  color  cinematography  by  means  of  our  screen  plate  if  it  oouia 
be  applied  to  film. 

One  of  the  engineers  of  Path&  Co.  was  present  and  saw  the  slide 
projected  and  asked  for  an  interview  with  us  afterward.  We  did  not 
see  him  at  that  time,  as  we  left  for  Munich  a  few  days  after,  where 
he  wrote  us  urging  the  importance  of  hie  business  with  us. 

When  we  returned  to  Paris  and  had  a  meeting  with  Pathfe  Co.  the 
following  spring,  it  was  not  a  question  of  rapidity  of  the  emulsion 
so  muoh  as  the  fineness  of  the  screen  that  would  obtrude  itself  on 
the  piotures  when  they  were  projected. 

We  further  told  Path&  that  we  preferred  a  deal  that  would  take 
over  by  one  concern  the  entire  business  of  making  color  plates  and 
films  both  for  the  hand  camera  as  well  as  oinematograph,  and  we  asked 
him  to  make  us  a  proposition. 

He  assured  us  there  would  be  no  difficulty  about  handling  the 
whole  thing,  but  he  must  have  something  to  show  to  the  board  of  the  . 
Cinematograph  Co. 

After  two  months  of  work  in  experiments  to  determine  whether 


PLACE  DE  LA  CONCORDE 

h6tel  »e  crillon 

Jkt)  Ttlty  "CRILCWOT11Lk\ 

-  3  - 

wa  oould  put  the  color  screen  on  oelluloid,  we  deoiled  that  suooese 
would  only  he  obtained  hy  the  construction  of  special  machinery  for 
the  purpose  and  some  considerable  time  in  experiment.  Before  we 
would  go  into  it j  we  wished  an  understanding  with  Pathb  and  his 
board,  and  a  meeting  was  held  and  the  specimens  exhibited  and  the 
affair  thoroughly  gone  into. 

She  board  was  divided  in  its  opinion  as  to  taking  up  the  whole 
thing,  but  they  were  unanimous  in  considering  the  scheme  for  the  cine¬ 
matograph  in  color  and  offered  us  all  facilities  to  proeeoute  experi¬ 
ments.  The  question  of  rapidity  by  emulsion  and  fineness  of  screen 

were  the  main  points  on  which  the  suooess  of  the  project  hinged,  and  ' 
we  agreed  to  demonstrate  these  things. 

Two  months  more  of  experiments  followed  to  demonstrate  that 
the  screen  upon  oelluloid  was  possible  and  could  be  made  sufficiently 
fine  as  not  to  mar  the  projected  image. 

We  had  finally  succeeded  in  demonstrating  both  of  these  things. 
In  the  first  place  it  takes  a  600  line  color  screen  for  the  standard 
lantern  slide  and  the  oiue.matograph  image  is  fully  10  times  as  small; 
for  the  same  size  image  in  projection  we  need  a  screen  on  the  film  10 
timeB  as  fine.  As  to  the  speed  we  suggested  that  Mr.  Path&  sensitize 
some. Eastman  film  and  have  his  engineers  take  a  negative  upon  it,  inter¬ 
posing  our  color  screen  behind  the  objective;  this  was  done  and  as  we 
cabled  you  some  twenty  metres  of  film  were  exposed  at  about  20  per 


HOTEL 


CRILLON 


PLACE  DE  LA  CONCORDE 

-Xd:  TdUji  "CRJLOJVOTEL„ ' 


seoond,  ana  a  pieoe  of  this  film  we  enolose.  V/e  projected  an  im¬ 
pression  of  our  soreen  model  on  oelluloid  showing  that  the  screen 
was  sufficiently  fine  being  16  times  finer  than  that  of  the  glaBS 
plates. 

Mr.  Paths  ana  his  engineers  expressed  great  satisfaction  at 
the  result  ana  a  committee  of  the  hoard  met  us  to  discuss  the  condi¬ 
tions  of  a  oontraot,  Mr.  Ivatts  arguing  that  before  any  money 
should  be  paid  down  by  the  Company  they  should  see  three  metres  of 
positive  film  in  color  projected  before  them,  the  negative  being  taken 
•in  Mr.  PathS' s  presenoe. 

They  agreed  to  supply  all  faoilities  to  further  the  experiments 
ana  a  suitable  negative  emulsion  as  fast  as  that  of  Eastman  Kodak  Co. 
as  well  as  the  positive  emulsion. 

We  proceeded  at  our  own  expense  to  work  out  the  details  of 
the  process  of  making  the  film,  preferring  not  to  go  to  Vincennes, 
and  established  ourselves  in  the  laboratory  at  30  rue  Miromesnil  in 
Paris.  Nearly  Bix  months  of  work  followed  in  the  perfection  of  the.  . 
apparatus  and  making  the  soreen  on  oelluloid,'  bringing  us  to  the  moment 
of  your  arrival  upon  the  scene. 

The  Path&  Co.  have  loaned  us  apparatus  and.  frequently  supplied 
us  with  samples  of  negative  and  positive  emulsion,  some  of  this  emul¬ 
sion  has  been  specially  made  for  us  and  muoh  of  it,  all  the  negative 


'/e,. 


HOTEL  »E  CRILLON 


PLACE  DE  LA.  CONCORDE 

-Xil:  TMji  “CJULOMOTEJ,, 1 


emulsion  in  fact  supplied  from  Photographic  dry  plate  manufacturers 
has  been  their  commercial  product  intended  for  coating  glass  plateB. 

How  the  difficulty  at  this  moment  existing  in  our  corres¬ 
pondence  is  largely  due  to  the  fact  that  we  have  not  given  you  a  clear 
understanding  of  the  situation,  and  we  ask  you  to,  pardon  us  if  we  go  a 
little  into  seemingly  unnecessary  details  in  order  to  leave  nothing 
vague  or  obscure  with  regard  to  this  affair. 

The  Cinematograph;  Company  of  Paths  have  themselves  facilities 
for  coating  hands  of  celluloid  22  inches  wide  and  also  narrow  hands 
the  width  of  the  cinema  film,  which  have  already  been  perforated,  the 
coating  being  applied  between  the  perforations. 

The  apparatus  employed  for  coating  the  large  bands  applies 
the  emulsion  upon  the  underside  of  the  film,  whioh  passes  under  a  roller 
running  in  an  emulsion  though 


HOTEL  UK  CRILLON 


PLACE  DE  LA  CONCORDE 

■Ad:  nitty;  "CJULOJIOTEL„  j 


as  we  have  illustrated  herewith.  The  essential  points  in  coating 
celluloid  in  this  manner  being  the  height  to  which  the  film  rises, 
the  consistency  of  the  emulsion  and  the  speed  at  which  the  hand 
travels  in  determining  the  thickness  of  the  coating. 

The  other  machine  used  by  Pathb  is  of  different  construction 
and  ooats  upon  a  different  principle,  --..emulsion  thinner  in  consis¬ 
tency  being  employed  giving  the  same  amount  of,  or  thiokness  of  emul¬ 
sion  on  the  film. 

Emulsion  suitable  for  coating  glass  plates  does  not  have  the 
consistency  suitable  for  coating  upon  celluloid  as  the  emulsion  iB 
spread  upon  the  plates  upon  the  face  or  upper  side  in  a  level  position. 

The  preparationof.'aihighly  sensitive  negative  emulsion  for 
ooating  on  oelluloid  is  muoh  more  difficult  to  apply  of  the  required 
thiokness  upon  the  celluloid  than  it  iB  upon  glass. 

An  emulsionist  who  can  make  a  very  good  emulsion  of  the 
consistency  required  for  ooating  glass  plates  always  finds  that  his 
method  of  treatment  in  the  preparation  of  the  emulsion  has  to  be 
altered  in  order  to  secure  the  same  high  sensitiveness  if  this  emul¬ 
sion  is  to  be  coated  upon  oelluloid. 

How  recently  £ath&  have  prepared  themselves  very  rapid  nega¬ 
tive  emulBion  for  ooating  in  their  small  maohine  for  the  oinematograph 
bands,  and  we  have  also  learned  they  have  secured  an  expert  in  color 


-  -  -  J, 


HOTEL  DE  CRILLON 


PLACE  DE  LA  CONCORDE 

-5 dl  T<SUj.-  ”CRlLCWOTEL„ 


-  7  - 

photography  and  are  prepared  to  take  our  soreen  film  and  make  this 
demonstration  themselves. 

Mr.  Marette  sent  us  some  of  their  negative  emulsion  whioh  we 
tried  and  found  while  it  was  sufficiently  sensitive  for  oolor  cinema¬ 
tography  was  too  thin#:  and  we  sent  out  a  hand  we  had  coated  to  show 
them  that  we  could  not  hope  to  get  a  strong  enough  image  with  such  a 
thin  coating. 

They  telephoned  in  to  the  laboratory  for  Mr.  Bardy  and  asked 
him  to  bring  the  emulsion  out  to  them,  when  he  returned  he  brought  . 

with  him  several  metres  of  cinematograph  film  properly  coated  with 

'( 

this  emulsion,  and  he  showed  it  to  us  saying,  why  will  you  not  send 
your  film  to  them  and  let  them  make  the  demonstration  they  have  asked 
for  and  which  they  are  anxious  to  do? 

ffe  have  agreed  to  give  Mr.  Bardy  Borne  of  our  film  to  be  coated 
next  Saturday,  but  of  course  we  shall  not  be  able  to  get  their  results 
and  send  them  to  you. 

How  the  situation  is  this,  we  have  a  process  for  making  this 
soreen  film  and  rendering  ordinary  rapid  emulsion  -  suoh  as  can  be 
obtained  oommeroially,  -  sufficiently  oolor  sensitive  to  take  moving 
pictures  through  our  oolor  soreen,  but  we  have  neither  a  suitable 
place  to  ooat  our. soreen  film  with  emulsion  and  sensitize  it  subse¬ 
quently  or  a  suitable  machine  to  ooat  it  if  we  had  the  place  and  the 
emulsion. 

On  the  other  hand  besides  the  Path&  Co.  there  are  several 


HOTEL  DE  CRILLON 


PLACE  DE  LA  CONCORDE 

JJd:  TiUj!  "CRILOJfOTEl,„ 


firms  hare  in  Europe  who  have  such  facilities  to  make  ana  coat  cellu¬ 
loid  film  similar  to  the  Eastman  Kodak  Co.  or  .Anthony  &  Soovill.  They 
of  oourse  will  not  oo-operate  with  us  to  make  a  demonstration  for  a 
competitive  house. 

How  you  people  are  oertainly  sinoere  in  this  affair  and  we 
would  rather  deal  with  an  American  firm,  than  with  a  foreign  house 
on  the  whole  proposition,  ana  while  we  will  positively  not  agree  to 
go  into  any  prolonged  unnecessary  experiments  which  we  do  not  think 
you  expeot  or  would  ask  of  us,  we  are  willing  to  do  as  much  for  you 
in  Orange  as  we  have  agreed  to  ao  for  Path&  or  any  one  elBe. 

The  construction  of  a  rudimentary  apparatus  suitable  for 
coating  our  prepared  soreen  film  should  not  take  more  than  two  or  three 
weeks,  and  you  certainly  have  or  should  he  able  to  provide  a  suitable 
place  for  coating , sensitizing  and  demonstrating  the  production  of  mov¬ 
ing  pictures  in  oolors  on  our  prepared  bands. 

As  to  the  emulsion  if  you  oannot  obtain  such  an  emulsion  as 
is  required  and  whioh  can  be  made  by  Cramer  Dry  Plate  Co.  or  Anthony  & 
Soovill,  you  oertainly  can  get  an  emulsionist  who  can  with  our  assis¬ 
tance  prepare  auoh  emulsion,  whioh  we  will  subsequently  render  highly 
oo lor  sensitive  and  coat  upon  the  soreen  film,  employing  our  sensitizer 
to  attain  this  result. 

:  To  carry  out  this  plan  you  should  provide  us  with  an  abso¬ 

lutely  dark  room,  10  or  12  feet  wide  by  18  or  20  feet  in  length,  fur¬ 
nished  with  a  long  laboratory  table  on  one  side,  equipped  with  sink 


HOTEL  he  crillon 


PLACE 


DE  LA  CONCORDE 


-  9  - 

and  running  water  ana  provided  with  gas  and  eleotrio  light;  we  would 
install  the  ooating  apparatus,  sensitizing  ana  drying  box,  the  latter 
should  have  an  eleotrio  ventilator  and  eleotrio  heater.  Ihe  ooating 
machine  is  a  simple  wooden  frame  work  of  rollers  ana  pulleys  operated 
hy  a  small  eleotrio  motor.  This  would  incur  anlexpense  of  a  few 
hundred  dollars,  and  we  will  go  to  Orange  and  demonstrate  our  prooess 
of  making  screen  film,  and  bring  some  of  our  prepared  film  which  we 
will  emulsify,  sensitize  ana  expose  with  your  assistance  and  a 
few  yards  of  moving  picture  film  in  oolors. 

By  energetio  work  this  should  not  take  more  than  three  or 
four  weeks  to  oarry  out  during  which  time  some  agreement  could  be 
reached  on  the  proposition. 

In  order  to  do  what  you  have  asked  we  should  be  obliged  to 
find  some  plaoe  in  Paris  or  elsewhere  and  have  it  equipped  as  described 
which  you  will  agree  would  be  an  unnecessary  waste  of  time  for  both  of 
us . 

Your  reference  to  screen  aaheranoe  we  take  it,  is  laok  of 
adherence  to  the  film  of  the  screen  or  of  the  emulsion  to  the  screen. 

We  have  bands  of  film  made  over  six  months  ago  whioh  have 
been  coated  with  emulsion,  out,  perforated,  exposed  and  developed,  - 
washed,  fixed  and  dried,  wound  and  projected  and  repeatedly  rewound 
without  showing  the  slightest  tendency  to  separate.  She  adheranoe 


•sggjr 

HOTEL  »E  CRILLON 

-  10  - 


MjA.CE  DE  LA  CONCORDE 

nify  "CJUIWOTEI,,, 


and  refractive  index  of  the  screen,  varnish,  and  emulsion  is  perfect. 
Please  let  us  have  your  final  decision  hy  cable  as.  soon  as 

possible. 


With  kindest  regards,  we  are 


Very  sincerely, 


/-'a. 


HOTEL  J>R  CRILLON 


PLACE  WE  LA  CONCORDE 

Jill:  1  Vttyi  “CJiir.OjVOTEL, 


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'.It.  John  Bov/rlc, 

Hotel  do  Crillon, 

Piece  tic  1c  Concorde , 
::cris,  -raneo. 


Dear  'r.  Pov/ric: 


Your  cablegram  of  c  DSnfl  nit.  bene  duly  to 
hard,  and  X  have  delayed  answerin'-  you  because  I  thour.-ht  it  wise 
to  v,’c.it  until  you  lied  had  the  opportunity  of  considering  :ir. 
Greene ' c  report.  By  this  tine  you  have  probably  received  the 
roport  end  have  :"or:ncd  some  idea  as  to  the  seriousness  of  the 
criticisms  that  :.:r.  Greene  sots  forth.  1  have  therefore  cabled 
you  to-day  as’ follows: 

"Huvo  you  roooivod  ontpert 1  s  report?  If  so,  how 
serious  are  c  i tic-inns?" 

I  will  expect  to  hear  fron  you  tolling  me  just  whet  you 
thinl:  of  the  points  that  Mr.  Greene  raises  anc!  whether  you  regard 
then  as  difficulties  that  eon  ho  practical-’ y  overcome. 

Yours  very  truly, 


Vice- President . 


HOT1EJL  IJE  CRILLON 


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PLACE  0E  LA  CONCORDE 

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POSTALTELEGRAPH 


CABLEGRAM  ^ 


[CABLES 


'OLUK. 


ouiuiueu  lurougu  tue  vompauy'B  oitices,  and  not  by  DIRECT  appllcati 


POSTALTELEGRAPH 


COMMERCIAL  CABLES 


CABLEGRAM 


ess  ^“ZYMOTIC,  N  EW^O  RJC  tfg 


Z  STUYVESANT. 


FOREIGN  DEPARTMENT 


a&u 


OF  THE 

NATIONAL  PHONDGHAPH  CO. 
EDISON  MANUFACTURING  CD. 
HATES  MANUFACTURING  CO. 


10  Fifth  Avenue. 


.  Ffank  1.  Dyer,  President, 
National  Phonograph  Co., 
;e,  H.  J. 


In  aooordanoe  with  your  instruotions , 
Araexco,  Paris,"  as  follows i 


Yours  very  truly, 


dL^r  K onager,  Foreign  Department. 


Feb.  5,  1910. 


Mr.  Frank  I>.  Byor, 

Edison  Manufacturing  Co., 

Orange,  II.  J. 

Bear  Sir: 

As  requested,  I  have  reviewed  the  correspondence  and 
material  in  re  Wamer-Powrie  process,  and  in  view  of  such 
give  the  following  opinion  as  to  the  possible  adaptability  to 
the  Kinetoscope  work. 

If  Mr-  Powrie  has  sensitized  Eastman  film  so  that  it  is 
equal  in  values  to  the  Wrat t en- F/ainv/r ight  plate  he  has  produced 
a  sufficiently  sensitive  surface  for  cinematography  in  colors. 

Using  color  screen  film  without  compensating  filter 
(probably  by  incorporating  a  suitable  yellow  dye-stuff  in  the 
sensitizer)  reduces  tho  necessary  exposure  very  materially 
but  neglects  the  necessity  of  compensation  due  to  variable  light. 
Those  two  conditions  combined  with  the  use  of  lens  systems  work¬ 
ing  at  the  external  apertures  of  F-3.5  to  F-4. 5  would  certainly 
permit  of  fully  timed  exposures. 

If  the  question  of  adherence  may  be  absolutely  elimi¬ 
nated,  as  Mr.  Powrie  claims,  the  process  in  one  to  two  years  time 
ought  to  become  a  dangerous  business  proposition  in  the  hands  of 
a  competitor. 

Under  the  conditions  spocified  above,  I  continue  to  doubt 
that  ,  the  order  of  work  done  could  approach  tho  standard  require¬ 
ments  of  the  Edison  Kinetoscope  film  service  for  several  years. 

Also,  I  wish  to  emphasize  tho  fact  that  there  are  to¬ 
day  at  least  five  other  similar  color  devices  perfected  which 
likewise  may  be  applicable  to  Kinetoscope  film.  Of  all  the 


(2) 


processes,  one  certainly  cannot  but  admit  the  V/arnor-Powrie  to 
be  in  the  most  advanced  state  of  mechanical  perfection  to-day. 

Yours  respectfully. 


THE  WESTERN  UNION  TELEGRAPH  COMPANY, 

_ _  _ -INCORPORATED- - - 

23,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 


Paris,  Pel).  4,  1910 


Eastman  here  soliciting  proposition  Pov/rie..  -Dp;  J 

you  wishPowrio  sail .immediately  Orange  for  \  ' 

demonstration 'of?  Asks  only  five  'thousand'  dollars,.,.  ^  Jr 
without  further  obligation  on  your  part.  ^t/  \ 

■  Denarf&r./'. 


-  Xf.Tvu^  Ikfc.  ,Asft-f  bJl&jQe.  LLf-tP-e-C-gt)  &c,^ _ 

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(a)  C-^-^-  0.£^l)  C/?5i-t-A-^r^Z.  ! 


-Coll  Porcrio  coao.  conditional  v<p  :'liavo  option  to',  tuy 
.  •  #  '■  / 
if  they.  satisfy  ns.  ■■  Aetins^on  ny  own  responsibility  and 

hopo  Powrio  onro -suocccs.  .  .. 


r  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK.  J 


THE  WESTERN  UNION  TELEGRAPH  COMPANY, 

; - INCORPORATED  r - = - 

23,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL' THE  WORLD. 

ROBERT  C.  CLOWRY,  President  and  Qeheral  Manager. 


Fob.  8,'  1910- 


* ■S’lopd.r'  ..( John 'H.  ;Pot7T±o ) 

'  C/o  Aniozco,  Pario-  '  -  •  .  v 

.  .  Bill  son'  t olographs  '  from  •  Florida .  .will  agre  e  Vo.  aomonstrOtioa  < 
uiiaorotandinG  \7G  havo  option  to  ,buy  ori:  projiosod  terms  If  test's  • 
:;-qatiofactory.  '  Do  yop.  want ;  pojjjent  oh  appoinit' for’ bspqiacbs?; 
;Hiiyo  tireoa  Ddiadn  VG^y  strongly  antL-  hop®/ you;  fool  certain  of  ,  V 
.  suocobs. 


EDISON  MANUFACTURING  CO. 

MAIN  OFFICE  AND  FACTORY 
ORANGE,  N.J. 


EDISON  PROJECTING  KINETDSCDFES  AND  FILMS. 


A 


( u 


^.EdS-, 


mSi 


Mr.  Thomas  A.  Edison, 

Port  Myers,  Florida. 

Bear  Mr.  Edison: 

Your  telegram  of  yesti 

lOWS : 

"Am  willing  to  risk  five  thousand  ^n^Yamer 
Do  they  give  option  to  huy  if  they  satisfy  ,us 

I  immediately  telegraphed  y^d^fe^follb^f^'***  f 

"Will  cable  Powrie  to  come,  conditional  that  option 
to  huy  shall  be  given  if  they  satisfy  us;  that  was  understood,  , 
but  will  make  certain. " 

The  following  was  then  immediately  sent  to  Hr.  Powrie 


in  Paris: 

"Edison  telegraphs  from  Florida  will  agree  to  demonstra¬ 
tion,  understanding  we  have  option  to  buy  on  proposed  terms  if 
tests  satisfactory.  Do  you  want  payment  on  account  for  expenses? 
Have  urged  Edison  very  strongly  and  hope  you  feel  certain  of  suc¬ 
cess. " 

After  writing  you  regarding  this  matter  and  on  February 
4th  I  received  a  cable  /  from  a  friend  of  mine  in  Paris,  a  lawyer, 
who  is  acting  as  counsel  for  Mr.  Powrie,  saying: 

"Eastman  here  soliciting  proposition  Powrie.  Do  you. 
wish  Powrie  sail  immediately  Orange  demonstration?  Asks  only 
five  thousand  dollars,  without  further  obligation  on  your  part." 


After  receiving  your  cablegram  I  cabled  him: 


i 


(Pliomas  A.  Edison. 


2/8/10. 


iz\ 

"loll  Powrio  come,  conditional  wo  have  option  to  buy 
if  they  satisfy  ns.  Acting  largely  on  my  ov,n  rosponsihility 
and  hope  Powrie  sure  success." 

X  have  already  served  notice  on  Hr.  Brassour  that  wo  v/ill 
not  continue  the  contract  with  him  after  March  10th,  and  if  ho 
does  not  elect  to  stay  at  his  experimental  place  and  huy  the 
apparatus  from  us  and  assume  the  rent,  that  would  he  a  good  plheo 
for  Hr.  Powrio  to  carry  on  his  experiments*  since  it  is  fitted  Up 
with  all  facilities  for  doing  this  work.  Of  course  it  is  possi¬ 
ble  that  in  view  of  Hr.  Eastman  being  in  Paris  there  may  bo  some 
hitch,  but  I  will  keep  you  fully  informed  of  the  situation. 

lours  very  truly, 


pld/iot 


SEND  the  following  message  subject  to  the  terms l 
on  baek  hereof,  whloh  are  hereby  agreed  to.  1 


Paris,  Fob.'  9,  1910. 


Powrio  accepts  terms  your  cable.  '  Preparing  sail  before 
end  of  month  upon  receipt  of  your  remittance.  • 


r  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK.  . 


[CA.  FEBRUARY  11,  1910] 


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<2a? Ast^^/L  yy^^r  ^^-A.  ^ 

ft-A^A-  .A/ft yy-yC(y 


Aocfty,^ 


/E-o  gftAAyn^t^j  f  — 


S£s/£.  A SZ-/-  7tAeA>  —  ~r~  —  /  /^  l(^ ,  - 

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tfyceo  s£&  Jyf  * *** 

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7cJLC'S~  -^a  ^**2^, O,/^  1 ,  y/C>-'  PcyAc 

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■^f  /ziS  -y^-t?is<-^6z«  /  *s&**-y  tts-j^c^yC , 

~A&  '/£c  S&o^ 

s*-&t^c-<~-Y' j  zz^^t'^o-yy  st*^y-  yt-^’ycz^'i-^  s-*-'A  APz^dZA- 
C^C<-^y  Ozy'ZS^t'tKt  y^C^A  ^-t  /AtZ'^&y~<!zyy-y*~(Z.2> 

5^ 

(/fiuo  /td/iyf  s6C6-*t>At*-C.  /n,c^~  yyy  ^ZyCe^-d 

^lAh^co,  /2^<^y  /^ys  ~yAA. 

c-zn/^jy^t^a  ,6a  ^zca^o  , 

/Aji,  AyCy^yy  At-Ac  aa  t 


<r^ 


in  No.  260. 

THE  WESTERN  UNION  TELEGRAPH  COMPANY. 

- INCORPORATED - 

24,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 

_ ROBERT  C.  CLOWRY,  President  and  General  Manager. 


SE  N  D  the  following  message  sub 


POO .  1 <•,  1010. 


BllOIKlC  Omf, 

London. 


Go  iraBadinfcoly  :,a 
Co&oordo.  Arrcur;od  A' 
ot ration  Cr.M^vo,  vjo  <\ 

oo  l03!t-;  ao  \:c.  yiir-rnnl: 
A  it  vico  r.o  situation, 
aotiotuvu  o.i  option  £;iv 


'•rio,  oec  John  "owrie,  Hotel  frillon,  Plaoo 
c‘otion  color  photctfrapby  He  noire  doiaon- 
piarnjjtoo  c-poncoa  iivo  t  Hour,  and  dollarn. 
j  ndve-aoed.  Cannot  *  -cmdoratond  vdiy  aeaeooaxy 

ico  hi ?ownt  ■  Goo  Ivin,  ■  uncertain  roacons. 

li  7/on  advance  money,  obtain  roeeipt  on 
,’cn  in  bio  loiter  to  no  Gcptombor  oocond. 


3yor. 

( Sont  through  For. 'Dept) 


ty  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK.  .S 


THE  WESTERN  UNION  TELEGRAPH  COMPANY. 

23,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 

_ ROBERT  C.  CLOWRY.  P 


Fob.  14,  1010.. 


Fiercer,  ,  f  .7  j/n  j?owrio )‘ 
C/o  Auoxoo /  Aerie. 


Have  rirad  London  ngor.*,  SJtoo  Graf,  coo  yon  arrange 


Dyor.  ^ 

(Sent 'through  For.  Dcrot)  ■, 


ty  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK. 


FOREIGN  DEPARTMENT 


NATIONAL  PHONOGRAPH  CD. 
EDISON  MANUFAOTOHINE  CO. 
HATES  MANUFACTURING  CO. 

phs  .  •  10  Fifth  Avenue. 

Otoscopes  N  EW  VO RK.N.Y. 


February  15,  1910. 


In  accordance  with  your  instructions  yesterday,  we  oahled  Hr.  Graf  at  London 


GO  IMMEDIATELY  PARIS .  SEE  JOHN  POWEXE,  HOTEL  CHILLON,  PLACE  CONCORDE. 

ARRANGED  FOR  OPTION  COLOR  PHOTOGRAPHY,  HE  MAKE  DEMONSTRATION  ORANGE,  WE 
GUARANTEE  EXPENSES,  §5000.00.  WANT  entire  expenses  advanced.,'  O&nnot  under- 
STAND  WHY  NECESSARY  SO  LONG  AS  WE  GUARANTEE  AMOUNT.  SEE  HIM ,•  ASCERTAIN 
REASON,  ADVISE  US  SITUATION.  .  IF  YOU  ADVANCE  MONEY,  OBTAIN  RECEIPT  ON  ACCOUNT 
OPTION  GIVEN  IN  HIS  LETTER  TO  ME  SEPTEMBER  2ND. 

Wo  are  confirming  this  cable  to  Mr.  Graf. 

Yours  very  truly, 

^Si^^tment. 


COMMUNK 


:iGN  DEPART!* 


FOREIGN  DEPARTMENT 


Gl  fidwaru. 


NATinNAL  PHnNQEHAPH  UU. 
EDISHN  MANUFACTURING  CC. 
HATES  MANUFACTURING  CO, 


EDISON  PHONOGRAPHS 
EDISON  PROJECTING  KINETOSCOPES 


10  Fifth  Avenue. 

NEW  YORK,  N.V. 


LONDON,  PARIS, 


February  15,  1910 


Ur.  Frank  L.  Iyer,  President, 
Nat ional  Phonograph  Oo . , 
Orange,  N.  J. 

Bear  Sirt 


In  accordance  with  instructions  received  from  you,  we  cabled  "Flowar, 
o/o  Amexco ,  Paris"  yesterday  as  follows; 

HAVE  WIPED  LONDON  AGENT  THOMAS  GRAF  SEE  YOU  ARRANGE  DETAILS 


Yours  very  truly. 


Peb.  15,  1010. 


:.!r.  Shoot: 0  A.  Edison, 

Port  'ycrs,  Florida. 

Dear  Mr.  Ed icon:  • 

Your  memorandum  of  the  7th  .inst. ,  in  rcforoncr 
to  Waraer-Bowrie ,  has  been  received,  hut  co  yet  I  cannot  say' 
definitely  that  they  will  come.  •  I  requested  I,!r.  Graf  to  go 
.  to  Paris  to  make  the  necessary  arrangements  and  to  keep  in 
touch  with  mo.  As  soon  as  I  hear  positively  that  they' are 
coming  I  will  arrange. for  Mr.  Greene  to.  fix  up  the  Galvanometer 
..room,  for  thorn,  cs  you  suggest...  She  .place  that  Hr.  Brassour 
-now  has, would  perhaps  he  hotter,  then-- the*. Oalvanomotor  room, 
because  it  is  all  equippod  for.  espordraants  on  Color  photogra¬ 
phy.  hut  tho  trouble  is  that  the.  lease  expires  in  April,  and 
I  do  not  think  we  should  go  to  the  expense  of  extending  it 
for  another  yoar. 

Yours  very  truly, - 


FED/iffW 


pomi.Ho.aeo.. 

THE  WESTERN  UNION  TELEGRAPH  COMPANY, 

- - - INCORPORATED— - - -  ,  ,  • 


Flo  war ,  (John  II.  Ponrio) 

c/o  Amozco,  Pafis'. 


n  Graf  a  oai>Io  a.ddroos  'Randomly,  Inndon.  ?/irod  hiin  fourteenth- §oij ' .  - 
in  touch  vdth  Mm  diroot.  .  All  Amoripari  film  ndw  Celluloeo.  aoejfcat'o.' 

Will  thio  affoot  you?  .  -  ‘  '•  •*  •••'  ■ 

./  Dyor.  ’  v./'  . 

(Chg.  Ufg.  )  .  '  .  '  ,  '  \  ;  ' 

W  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK.  ^1 


WESTERN  '((r)/?A/0  WESTERN 

UNION  Uf  Uc^lAMAA^Ay  UNION 

THE  WESTERN  PHION  TELEGRAPH  COMPANY. 


SYSTEM  IN  EX 

ISTENCE.  CABLE  SERVICE  TO  ALL  THE  WORLD. 

“Via.  1 

thoEuropean  Continent.  AM  Foreign  Telegraph  Stations  aooept  Messages  to  be  sent 
^BSTHRlSr  TT3JJ-I03XT.” 

-U- 

Sg^f 

1  No.  OP  WORDS  j 

1  V  1 

1 

RECEIVED 

—  ^Plf 

sn  CZ/  , 

-  ft 

mo i 

2T  X^7’7m^=t- 

riiiM 

aeTdldgr:  EOIPHON-P 


TELEPHONE  277-89 


ies  Merchandises 

3,  Rue  des  Messaoeries 


42  ,  Rue  de  Paradis  ,  42 


.  February  .21s.t  ..l91Q.._ 


. '/#_ 


DICU  AU  PI10R0GRAPIIE 

Commeroi  -i;  J  U  -on 

_ Ttt/ HH 


A 


Ms 


^HzTL&j  L 

Prank  L.  Dyer,  Esq. , 

President 

National  Phonograph  Co. 

Orange  (N.J. )  U.S.a. 

Dear  Sir, 

I  have  received  your  telegram  re  Hr.  John  Powrie,  but  I  regret  V 
I  was  not  able  to  leave  London  at  once  and  left  on  Saturday.  1. 

X  have  seen  Hr.  Powrie  this  morning  at  Mr.  Harper's  office  _ j. 

and  I  understand  that  there  are  a  number  of  people  who  are  after 
him  as  they  are  interested  in  his  process.  Mr.  Eastman  is  in 
Europe  now  and  he  had  an  interniew  with  Miss  Warner  and  theyfare 

anxious  to  come  to  some  settlement  in  the  near  future.  Hiss 

of 

Warner  has  stated  that  to  choose  between  off  era'' two  firms  like 
ours  and  Eastman’s  is  difficult,  but  they  incline  towards  you  for 
personal  reasons.  I  understand  that  as  regards  Eastman,  Mr.  Harper 
has  already  cabled  you  that  he  is  after  Mr.  Powrie  and  I  understand 
that  Mr.  Eastman's  experts  (he  himself  is  in  Algers  on  a  holiday) 
are  in  Paris  and  Mr.  Powrie  and  Miss  Warner  want  to  get  away  as 
soon  as  possible  in  order  to  avoid  giving  a  decision  of  any  kind 
to  Mr.  Eastman  at  the  present  time. 

In  my  opinion  the  amount  of  $5000  ia  not  neeaea  for  their  tour 


to  America  although  no  doubt  they  will  have  some  considerable 


Gmymtpue  <Sfrnn$<iMii  clc  ^Jo/onoyrap/e-  C^tXlorv  F  -S- 

F.  L.  Dyer,  Hag., _ 

expenses  before  they  leave.  This  $5000  will  to  a  great  extent  pay 
them  for  part  of  the  expenses  which  they  have  had  here  for  the  last 
two  years.  What  seems  deciding  to  me  is  the  fact  that  in  their 
letter  to  you  dated  September  2nd,  setting  forth  the  conditions 
of  a  demonstration  and  of  an  option  for  license,  expressly  stipu¬ 
lates  that  the  $5000  are  not  to  be  guaranteed  only,  but  are  to  be 
advanced,  and  Mr.  Powrle  in  addition  to  mentioning  the  bills  he  has 
to  pay  before  leaving-and  breaking  up  his  establishment  and  leaving 
for  America,  insists  on  the  terms  of  the  letter  of  September  2nd 
which  in  my  own  opinion  clearly  entitles  him  to  the  advance  of  the 
full  amount,  viz.  $5000,  You  also  state  in  your  cable  that  in 
making  the  payment,  I  should  get  a  receipt  showing  that  this  payment 
is  made  on  account  of  option  given  in  his  letter  to  you  of  September 
2nd,  but  Mr.  Powrie  asks  that  this  $5000  has  nothing  to  do  with 
the  option  itself,  that  is  with  the  purchase  price,  it  is  in  addi¬ 
tion  to  the  purchase  price  stipulated  for»> .  If  however  I  have 
misunderstood  your  telegram  and  that  you  wish  it  to  be  interpreted  | 

only  to  the  extent  that  this  payment  of  $5000  is  made  in  connection 
with  the  option  of  Hr.  Powrie' s  letter  of  September  2nd  in  order 
to  have  that  connection  established  by  the  receipt  without  mentioning 
that  this  amount  should  be  applied  against  the  purchase  price  later 
on,  I  will  arrange  to  have  this  put  in  the  receipt  so  that  there 
can  be  no  doubt  whatever  that  the  amount  has  been  paid  over.  I 
was  prepared  to  pay  Mr.  Powrie  $1000  to  $2000  but  do  not  feel  inclined 
to  take  upon  me  the  responsibility  of  paying  the  full  amount  and  I 
therefore  cabled  you  to-day  as  follows: 


•&n 


tyutprue  <L^/ran-£auu> 


ip/e  (z>c\\\< 


P.  L.  Dyer,  Esq.. 


"llyer.  Powrie  Appozzano  cremacion  advance  firstly  because  many 
bills  expenses  Balanzario  breaking  up.  Secondly  because  full  advance 
was  expressly  stipulated  letter  Bcchyraose.  Asserts  advance  inde¬ 
pendent  of  purchase  price  not  on  aanvuring  same.  Aprehensor  Paris." 


which  translates: 


Dyer;.,,Powrle  insists  ui»on  5000  dollars  advance  firstly  because 
many  bills  expenses  to  be  paid  on  breaking  up.  Secondly  because 
full  advance  was  expressly  stipulated  letter  September^  Asserts 
advance  independant  of  purchase  price  not  on  account  of  same.  In¬ 
struct  by  telegraph  Paris." 


I  shall  await  here  in  Paris  until  I  get  your  cable  instfuctions. 


Yours  very  truly, 


General  Manager 


CL  cdi^oru 


"  EDISON 


42  ,  Rue  de  Paradis  ,  42 


Registered 


d. . 


Prank  L.  Dyer,  Esq.,  — — - 

President  0IC,F  *u  Fl 

National  Phonographe  Oo.  Commerci 


-February  24th  1910 . '/O .  / 

_ ,  1 

DICTE  AU  FiianOGRAPHE  I  y,  *  /" 


.onal  Phonographe  Oo.  commercial  Ediso 
Orange  (N.J.)  U.S.A.  | _ SGtfEJL . . 


/ 

.0  ?#  / 


I  have  received  this  raornlne  your  telegram  reading  as  follows: 
“Graf  Pay  Powrie  Oremacion  on  account  of  option  Ecchymose". 


"Graf  Pay  Powrie  $5000  on  account  of  option  September  2nd." 


and  I  have  made  an  appointment  with  Mr,  Powrie  and  Miss  Warner  and 
have  paid  them  $5000  in  accordance  with  your  cablegram. 

In  transferring  the  amount  into  francs,  I  have  taken  the  amount 
at  the  rate  of  5  fr  10  to  the  dollar,  the  actual  rate  probably 
being  Pr.  5.12,  and  should  Mr.  Powrie  claim  the  difference  from  you 
he  is  entitled  to  it.  $6000  at  the  rate  of  Fr.6.10  to  the  dollar 


.amounts  to  Fr.25.500,  for  which  I  herewith  enclose  official  receipt 
signed  by  both  Mr.  Powrie  and  Miss  Warner. 


They  intend  to  sail  on  March  6th,  but  owing  to  a  few  days'  delay 
it  is  not  impossible,  but  doubtful  whether  they  can  get  ready  on 
the  5th.  If  they  cannot,  they  will  sail  on  March  9th  per  ss  "Kron- 
prinzessin  Oecilie". 


I  also  enclose  R.M.  bill  charging  the  amount  advanced  to  Powrie- 


& 


^/ranfaMG  c)u  ^JoforMoran/ e  (jJ/bt 


•Hfuiyswe  K-Sran-paMc 

F.  L'«  Dyer,  Esq, 


Warner  to  the  Edison  Manufacturing  Go.,  Orange. 

Yours  very  truly, 

Oeneral  Manager 


(2  enclosures) 


Frank  Dyer,  Esq. , 

Montclair,  H.  3. 

My  dear  Mr.  Dyer,  ’  ' 

I  see  that  yon  are  taking  a. "flyer"  In  regard  to  the  Powrie 
matter.  If  yon  Iobo,  yon  lose  it,  hnt.  If  It  tnnm  ont  as  yon 
wlBh,  I  guess  it  is  worth  the  risk. 

Mr.  Graf  was  in  the  other  day,  also  Mr.  Powrie,  and  now  that 
Mr.  Powrie  and  Miss  Warner  have,  got  the  five  thousand  dollars 


($5,000. )  agreed  upon,  in  advance,  they  are  busy  packing  up  all 
theiy  property  at  jhe  laboratory  and  at  the  hotel  preparatory  to 
leaving.  I  understand  that  they  are  going  from  here  to  Germany, 
where,  they  tell  me,  the  emulsion  is  to  be  delivered  to  them  on 
Friday  the  4th  instj,  and  they  expeot  to  sail  forAmerioa  in  the 
oourse  of  two  or  thijee  weeks,  jest  as  soon  as  they  oan. 

I  sincerely  hopie  that  Powr  e’s  demonstration  will  be  prompt 
and  in  every  way  satisfactory.  As  far  as  I  oan  Judge,  he  appears 
to  be  absolutely  sure  of  good  risults  and  oonslderB  the  thing  ae-. , 
oomplished  -  time  al/>ne  will  te.l. 

I  might  add  that  Mr.  Benjsaln  E.  Conner,  of  my  office,  is  go¬ 


ing  to  Dew  York  next  month  and  .will  be  there  about  the  time  Mr. 
Powrie  experts  to  arrive.  As  Sr.  Oofaner  hah  Been  a  good  deal  of 


S'.  D.  2.  l/i/10. 

Mr.  PowfiLe,  1  would  suggest  your  calling  in  Mr.  Connor,  if,  at  any 
time,  there  is  any  hitch.  1  Bay  thiB  heoauae  Mr.  Powrie  thinks  a 
great  deal  of  Conner  and  Conner  al80  enjoys  my  perfect  confidence , 
and  I  think  he  might  he  very  useful  in  oonoluding  the  final  arrange¬ 
ments. 

Pray  present  my  kindest  remephranoes  to  Mrs.  Dyer  and  the- hoys 
and  hoping  to  see  you  on  the  links  at  ha  Boulie  very  soon. 

Believe 

DH/HS  Cc 


■V 


/t-^C?  (^2*n£iss  aaZLc!/  <n*.  Sr£t> 

>  JL  o£  y*/  ^ 

t%  Z%)  "jC^S 

t)j7  stisist-e^tf 

£<ZZZ£-~Y' . 

sUt-isOC,  J&>~  #1*^ 


^^f,-  <J2Jzr,V^  ^-ts'&C  <SL  -^C^clf  .  :.  .,-X^ 

, ,,->, rf/Cc~&!o>  'T^Zc. 


X 


MEMORANDUM 


...131 


Jy 

\  f  Proi 


Jj*.  Wostoe:  3/8/10. 

I  hand  yon  herewith  papers  showing  the  payment  hy  the 
Proneh  Company  on  Pobrfery  34th  of  26,500  franos  to  Hr.  John  H. 
f  Powrio  and  Mias  Florence  IS.  Tfarner.  This  Is  in  accordance  with 
Ur.  Edison's  instructions.  Those  pooplo  are  to  come  over  here 
and  will  moke  experiments  along  tho  lino  of  moving  pictures,  hut 
the  foot  that  they  aro  coming  is  to  ho  kopt  entirely  confidential. 
Their  work  will  ho  carriod  on  at  tho  Laboratory. 

?.  L.  D.  : 

FiD/lWW 


3/8/10. 

L  V ^  l^have  jugjr^reoeived  word  from  our  agont  in 
Paris  •Shat  the  preliminary  oontract  with  fir.,  Powrio  and  Hiss 
Warner  has  been  signed  and  that  they  vd.ll  probably  roaoh  this 
country  about  tho  16th  of  March.;  Please  have  everything  in 
readiness  for  them.  1  suggest  that  you  begin  to  clean  out  tho 
Selvanomot er  Boom  so  as  to  have  it  ready  for  them  in  ordor-  that 
wo  will  not  waste  time  in  clearing  it  up  after  they  come..  Of 
oouvbo  it  will  not  be  neoosBary  to  make  any  arrangemontB  regarding  ,: 
partitions ,  beoause  I  agree  with  you  that  wo  ought  to  allow  this 
to  bo  dooided  by  thorn. 


T7o  are  oxpocting  a  couple  of  poople  hero  about  the  16th 


of  this  month  to  experiment  on  moving  pictures,  and  .’hr.  Edison 
hao  uggostod  the  Galvanometer  Hoorn  as  a  good  place  for  them  to 
use.  V/ill  you  therefore  please  have  the  baSfe  ond  of  tho 
Galvanometer  Room  cleaned  out  so  that  thoy  can  occupy  that  part 
of  the  building  as  scon  as  they  arrive  and'proooed  with  thoir 
experiments  promptly.  You  might  soo  JJr.  Groono  about  this 
because  ho  will  have  an  idea  of  what  room  thoy  will  need. 


Donald  Harper,  "oq. , 

ZZ  Avonuc  do  I'Oporn, 

Horiii,  Franco. 

Soar  Hr-  Harpor: 

Yoxtro  of  tho  1st  Inal; .  has  boon  rooeivod,  end  I 
will  ospoot  Hr*  Hewrio  rad  Hi  do  ’"aimer  to  turn  up  in  a  few  days. 

I  ncto  that  :r.  Connor  ic  to  bo  in  Hew  York  n$out  thio  tine  and 
if  :ny  hitch  occurs  1  will  bo  very  jjlr.a  to  coll  on  hir.u 

Givo  ny  boot  oooplinontrj  t:  lira.  Harpor  -  nd  your  ohildron, 
end  boliovr  no,  •  .  ■ 

'  Youro  Tory  truly. 


V 


¥ioo-‘’rooidont . 


fad/iot: 


( 


March  2G,  1010. 

Mr.  Louie  Roichort , 

national  Phonograph  Co., 

10  Fifth  Avo.  ,  ITov/  York. 

lloai1  Sir: 

Thio  will  introcluco  Mr.  John  It.  Pov/rio,  who  ic  making 
ooino  oorporimonta  Tor  uo  dt  Orango  end  who  r/ichoo  to  havo  oono 
aoaictanoo  in  roforoneo  to  gatting  none  goodo  through  tlio  Cue tom 
Houoo.  Do  all  you  oee  to  help  him  out,  oooauoo  it  is  yory  im¬ 
portant  that  tho' goods  hhould  oomo  through  ouiokly.  \  ( 

Youro  vory  truly. 


April  C,  1910. 

■Hr.  Ehonao  A.  Edison, 

Port  Myers ,  Florida. 

Dear  Mr.  Edison:' 

Your  noraoren&um  has  boon  roocivod  asking  "TOiat 
nao  final  result  of  ?owrio  deal?"  nr.  Powrio  cnrio  on  about 
a  wook  ego  and  I  havo  had  o.  number  of  talks  Pith  him.  Tho 
Galvanoinotor  Room  io  now  boing  partitioned  off  at  tho  buok  for  hio 
ubo.  IThon  ho  firot  oono  ho  opoko  vory  optimistically  and  oCid  ho 
had  ovory  reason  to  "boliovo  that  by  tho  timo  you  got  back  ho 
would  havo  somo  protty  dofinito  rosulto  to  show  you,  hut  I  im¬ 
agine  now  that  ho  aooo  not  fool  no  sure  of  this  booauso  tho  work 
of  getting  roady  for  Mm  is  alow.  At  any  rato,  hy  tho' timo  you 
got  hack  ho  will  aortainly  ho  making. good  progroras. 


HiD/IW: 


Yours  vory  truly, 


/ 


[ATTACHMENT] 


SHIS  AGREEMEHI  made  the  day  of  January,  1911, 

by  and  between  THE  UHIPLALE  COMPAHY ,  a  corporation  or¬ 
ganized  and  existing  under  the  laws  of  the  State  of  Hew 
York,  party  of  the  first  part,  hereinafter  called  the 
lessor,  JOHH  EUTCHIHSOH  POWRIE  of  the  City,  County  and 
State  of  Hew  York,  party  of  the  second  part,  hereinafter 

I  called  the  Inventor,  and  IHS  KDISOH  MAHUFAC KTRIHG  COMPAHY, 
a  corporation  organized  and  existing  under  the  laws  of  the 
State  of  Hew  Jersey,  party  of  the  third  part,  herein¬ 
after  called  the  Lessee,  V/ITEESSEEH:- 

WHEHEAS,  the  Lessor  is  the  owner  by  purchase  of 
certain  new  and  improved  processes  for  use  in  color 
cinematography  and  color  photography,  aB  evidenced  by 
assignment  to  it  of  the  following  patents  issued  to  John 
Hutchinson  Powrie,  the  party  of  the  second  part,  for  the 
production  of  Helichromic  screens  (commonly  known  in 
the  arts  as  a  reseau,  and  hereinafter  in  this  contract 
referred  to  by  such  name)  suitable  for  use  in  the  manu¬ 
facture  of  color  images,  either  negatives  or  positives, 
and  for  color  photographs  and  in  tricbromy,  to  wit: 

1.  United  States  of  America:  Letters  patent  duly 
allowed  and  granted  on  the  Edth^day  of  October,  1905,  and 
for  which  letters  patent  have  been  issued  thereon  known  as 
Letters  Patent  of  the  United  States  of  America,  number 
802,471. 

2.  Great  Britain:  Letters  Patent  duly  allowed  and 
granted  on  the  10th  day  of  Hay,  1906,  and  for  which 
patents  have' been  issued  thereon  known  as  letters  patent 
of  Great  Britain  Humber  20,662  of  1905. 

„  3.  Prance:  Letters  Patent .duly;  allowed  and  granted 

^respectively.  on" the  29.th' sday>' of^December',*  1906,  and,  on!  ' 
Atho  29thr''day  of  December ,^41905‘,  and  for  which  patents  have 
sb^ensrespeot.ively:,iissued.fttliB'reon>'' respectively  as  letters  ' 
patent’"‘.o£.  France  numbers,'  358J746  as  issued,  and  358,747 
as  issued.  '  '  '  ’ 

4.  Belgium.  .Letters  Patent  duly  allowed  and 
granted  on  the  16th  day  of  Hov ember,  1905,  and  for  which 
patents  have  been  issued  thereon  known  as  Letters  Patent  . 
of  Belgian,  numbered  187,634.  ! 

'  5.  Italy.'  Letters  Patent  fuly  allowed  and  grant¬ 
ed  on  the  22nd  day  of  May,  1906,  and  for  which  patents 


-  1 


have  been  issued  thereon  Known  as  Letters  Patent  of  Italy 
numbered  225,192  as  issued. 

6.  Austria.  Letters  Patent  duly  allowed  and 
granted  respectively  on  the  1st  day  of  March,  1907,  and  on 
the  first  day  of  March,  1907,  and  for  which  Patents  have 
been  respectively  issued  thereon,  respectively  as  Letters 
Patent  of  Austria  numbers  29,577,  as  issued,  and  29,578, 
as  issued. 


7.  Japan.  Letters  Patent  duly  allowed  and  granted 
respectively  on  the  13th  day  of  February,  1906,  and  on 
the  13th  day  of  February,  1906,  and  for  which  Patents 
have  been  respectively  issued  thereon  respectively  as 
letters  patent  of  Japan  numbers  10,047  as  issued  and 
10,048  as  issued. 


8.  Canada.  Letters  Patent  duly  allowed  and  grant¬ 
ed  on  the  13th  day  of  March,  1906,  and  for  which  patents 
have  been  issued  thereon  known  as  letters  Patent  of  the 
Dominion  of  Canada,  number  97,944  as  issued. 

9.  Russia.  Letters  Patent  duly  allowed  and 
granted  on  the  20th  day  of  September,  1907,  and  for  which 
patents  have  been  issued  thereon  known  as  Letters  Patent 
of  Russia,  number  12,364,  as  issued. 

10.  Germany.  Letters  Patent  duly  allowed  and 
granted  on  the  27th  day  of  September,  1909,  and  for  which 
Patents  have  been  issued  thereon  as  letters  patent  of 
Germany,  number  215,072,  as  issued. 


And 

WHEREAS,  the  said  Lessor  is  the  purchaser  and  owner 
of  certain  secret  processes  of  practical  commercial  value 
in  the  art  of  color  photography,  and  which  are  referred  to 
in  general  terms  as  follows: 

1.  Methods  for  the  practical  application  of  the 
patented  processes  of  making  Helichromic  screens  upon 
glass  (plate  reseau)  to  celluloid  or  other  transparent 
flexible  supports  as  used  in  photography  in  continuous 
lengths  (film  reseau). 

2.  Methods  for  the  subsequent  treatment  of  film 
reseaux  to  render  them  of  practical  use  in  the  duplication 
of  moving  picture  positives  in  color  upon  reseaux  from 
color  negatives  upon  reseaux  ( Chromo- cinematography ) . 

3.  The  production  of  color  positives  or  color  images 
for  chromo-cinematography  by  trichromy  or  otherwise  than 
upon  reseaux  prepared  film  but  employing  negative  or  posi- 

-  2  - 


tive  linages  in  colors,  formed  through  such  reseaux  for 
their  reproduction  ( trichromo-cinematography) . 

4.  Methods  for  the  employment  commercially  of 
trichromatic  process  of  printing  upon  paper  through  the 
medium  of  the  reseau  image  by  the  carbon  process,  pina- 
typie,  three  color,  halftone  or  photochromolithography, 
the  use  of  which  the  said  lessor  proposes  to  grant  to  said 
lessee: 
and 

WHEREAS,  tine  said  lessee  is  desirous  of  making  use 
of  the  processes  of  said  lessor,  both  secret  and  as  cover¬ 
ed  by  said  letters  Patent  above  described,  in  the  manu¬ 
facture  of  the  so-called, moving  pictures  in  color  and  in 
the  manufacture  and  production  of  color  photographs  upon 
glass,  celluloid,  paper  or  other  substance,  and  is  de¬ 
sirous  of  making  practical  and  available,  to  photograph¬ 
ers  the  taking  of  photographs  in  color  by  the  use  of  said 
processes  of  said  lessor;  and 

WHEREAS,  the  said  lessee  is  desirous  of  acquiring 
the  exclusive  right  to  employ  and  commercially  exploit 
the  processes  above  referred  to,  both  secret  and  as  em¬ 
bodied  in  said  letters  Patent  of  the  United  States,  Great 
Britain,  France,  Belgium,  Italy,  Austria,  Japan,  Canada, 
Russia  and  Germany,  and  letters  Patent  to  be  issued  to 
said  Inventor  in  the  future,  or  which  may  be  hereinafter 
acquired  by  the  lessor,  on  improvements  of  the  reseaux 
and  processes  and  other  devices  in  connection  with  chromo¬ 
cinematography  and  color  photography;  and 

WHEREAS,  said  lessor  is  willing  to  grant  such  ex¬ 
clusive  right,  as  hereinafter  set  forth: 

HOW,  THEREFORE,  In  consideration  of  the  premises 
and  of  the  mutual  promises  and  agreements  hereinafter 
contained,  and  other  good  and  valuable  considerations, 
the  parties  hereto  agree,  for  themselves,  their  executors. 


administrators,  successors  and  assigns,  as  follows: 

ARTICLE  P  I  3  S  I. 

■  SUBJECT  I, UTSS?.  0?  THE  ASSIGNMENT . 

The  Lessor  does  hereby  sell,  assign,  transfer  and 
3et  over  unto  the  said  Lessee,  its  successors  and  assigns 
hut  subject  to  the  express  terms  and  conditions  of  this 
contract,  the  exclusive  right,  concession  and  license  to 
employ  and  commercially  exploit  the  said  processes  above 
referred  to,  both  secret  and  as  embodied  in  said  Letters 
Patent,  all  and  several  above  described,  without  reserva¬ 
tion  and  in  any  part  of  the  world.  This  said  exclusive 
right,  concession  and  grant  shall  Include  not  only 
the  manufacture  of  reseau  for  making  the  photographic 
plates,  photographic  films,  cinematographic  films  and 
cinematographic  plates  in  color  and  the  making  of 
photographs  in  color  therefrom,  but  shall  also  include 
the  various  methods  and  processes  above  referred  to  for 
the  manufacture  of  color  negatives  and  color  positives 
for  trichromo-cinematography  and  images  upon  paper  or  other 
suitable  media  by  trichromy  or  trichromatic  methods. 

AHIICIS  SECOND. 

TITLE  OF  THE  LESSOR. 

The  Lessor  hereby  covenants  and  guarantees  that  it 
has  by  assignment  from  the  Inventor  herein  procured 
full  right  and  power  to  grant  the  exclusive  rights  as 
set  forth  in  the  first  article  hereof,  and  that  none  of 
the  patents  hereinbefore  described  has  been  assigned  to 
any  other  party  or  corporation  whatever.  The  lessee 
does  hereby  acknowledge  to  be  valid  the  Letters  Patent 
of  the  Lessor  embodied  in  this  agreement  and  also 
acknowledges  the  title  to  said  letters  Patent  herein¬ 
before  referred  to  to  be  fully  and  legally  vested  in  said 
Lessor. 


ARTICLE  THIRD. 


FUTURE  PATENTS  AND  IMPROVEMENTS  TO  BE  ASSIGNED  TO 
LESSEE. 

All  future  patents  relating  to  color  photography  or 
apparatus  or  material  employed  in  the  art  of  color  photo¬ 
graphy,  which  may  become  the  property  of  the  Lessor,  and  all. 
future  patents  and  improvements  relating  to  color  photogra¬ 
phy  or  apparatus  or  material  employed  in  the  art  of  color 
photography,  which  may  be  obtained  by  the  Inventor  herein, 
shall  be  conveyed,  assigned,  transferred  and  set  over  unto 
the  Lessee  by  the  said  Lessor  or  by  the  said  Inventor  here¬ 
in,  subject  to  the  some  conditions  and  terms  as  applied  to 
the  patents  hereinbefore  referred  to. 

ARTICLE  FOURTH. 

LIFE  OF  CONTRACT. 

It  is  hereby  agreed  by  and  between  the  parties  hereto 
that  the  life  of  this  oontract  shall  be  the  duration  of  the 
certain  Letters  Patent  of  the  United  States  of  America 
issued  to  the  Inventor  herein  on  the  24th  day  of  October, 
1905,  numbered  802,471,  now  the  property  of  the  Lessor, 
which  expire  by  limitation  on  the  24th  day  of  Ootober,  1922, 
and  also  during  the  life  of  any  further  patent  or  patents, 
additions,  re-issues  or  extensions  thereof,  of  the  United 
States  of  America  which  shall  hereafter  become  the  property 
of  the  said  Lessor  by  assignment  from  the  said  Inventor,  or 
which  shall  be  issued  to  the  said  Inventor,  the  said  patents 
to  include  any  improvement  or  addition  throughout  the  realm 
of  chromo - o inemat ograpliy  and  color  photography. 

ARTICLE  FIFTH. 

CONSIDERATION, 

Jn  consideration  of  the  sale  and- conveyance  of  the 
patents  and  secret  processes  hereinbefore  referred  to 
in  Article  First  of  this  contract,  the  Lessee  hereby  agrees 
t®.;pay  to  the  Lessor:  1.  A  present  cash  payment;  2.  Royal- 


-5- 


tieiS;  3.  Minimum  royalties,  aB  hereinafter  set  forth, 
j  I.  The  lessee  agrees  to  pay  the  Lessor  at  the  time 

of  the  signing  of  this  contract  the  sum  of  l’wo  Hundred 
Thousand  Dollars  ($200,P00.00 )  in  cash  or  hy  certified 
check  payable  to  the  order  of  the  said  lessor.  It  is 
expressly  agreed  that  such  payment  shall  be  absolute 
and  in  no  event  shall  the  same,  or  any  part  thereof,  be 
recoverable  from  the  said  Lessor  for  any  reason  what¬ 
soever,  nor  shall  it  be  deemed  or  held  to  be  a  part 
payment  for  any  royalties  or  other  sum,  nor  shall  the  said 
lessor  nor  said  Inventor,  or  the  assigns  of  said  Lessor 
or  Inventor,  ever  be  compelled  to  account  therefor 
for  any  cause  whatsoever,  nor  shall  the  said  payment  be 
used  as  a  set  off  or  oounterclaim  against  any  claim  aris¬ 
ing  out  of  any  of  the  agreements  or  covenants  hereof. 

It  being  understood  that  this  is  partial  payment  for 
the  time  and  money  spent  by  the  Lessor  and  Inventor 
prior  to  the  execution  of  this  contract  and  preliminary 
thereto . 

II.  The  Lessee  covenants  and  agrees  for  itself, 
its  successors  and  assigns,  to  pay  to  the  Lessor,  its 
successors  and  assigns,  royalties  to  be  ascertained  and 
determined  by  the  Metric  System,  it  being  understood  that 
when  linear  meters  are  referred  to  the  standard  width  of 
thirty-five  (35)  millimeters  and  one  (l)  meter  in  length 
is  intended,  as  follows: 

a.  Referring  to  cinematographic  or  moving  picture 
films,  two  (3)  cents  per  linear  meter  for  all  color 
cinematographic  films  manufactured  by  said  processes  by 
said  Lessee,  its  successors  aftd  assigns,  or  by  the  sub¬ 
licensees  of  said  Lessee,  up  to  the  firBt  five  million 
linear  meters;  one  and  one  half  (i-l/2)  cents  per  linear 
meter  for  all  cinematographic  films  manufactured  by 
said  processes  by  said  Lessee,  its  successors  and  assigns, 
-6- 

. _ . . . . u _ _ 


or  by  the  sub-licenBees  of  said  Lessee,  from  five 
million  linear  metor3  to  ten  million  linear  meters;  and 
one  (1)  cent  per  linear  meter  for  all  color  cinematographic 
films  so  manufactured  by  said  processes  by  said  lessee, 
it3  successors  and  assigns,  or  by  the  sub-licensees  of 
said  lessee,  over  and  above  ten  million  linear  meters. 

b.  The  said  lessee  further  covenants  and  agrees 
to  pay  the  said  lessor  the  same  royalties  on  any  and  all 
chromo- cinematographic  films  in  which  the  color  differ¬ 
entiation  is  due  to  the  selective  action  of  the  reseau 
image,  whether  suoh  positive  film  in  color  carries  reseau 
or  not  as  are  applicable  under  the  terms  and  conditions 
of  this  contract  to  the  making  of  cinematographic  or 
moving  picture  films  in  color,  said  royalties  being 

set  forth  in  clause  "a"  of  sub-division  "II"  of  Article 
"6"  of  this  contract. 

c.  The  lessee  covenants  and  agrees  to  pay  the 
lessor  on  all  reseau  plates  used  in  the  production  of 
moving  pictures  in  color  and  upon  all  reseau  films  and 
plates  not  to  be  utilized  in  connection  with  moving 
pictures  a  royalty  of  sixty  (60)  cents  per  square  meter 
for  all  such  reseau  films  or  plates  manufactured. 

d.  It  is  further  agreed  that  a  royalty  not  ex¬ 
ceeding  twenty-five  (25)  per  cent,  of  the  royalty  here¬ 
inbefore  mentioned  and  agreed  upon  for  all  new  reseau, 
upon  either  films  or  plates  as  have  been  tised  commercially 
and  rejuvenated  or  recoated  for  subsequent  commercial 
use,  shall  be  paid  by  the  said  lessee  to  the  lessor. 

III.  a.  The  lessee  guarantees  to  said  lessor  minimum 
cash  royalties,  payable  by  said  lessee  to  said  lessor 
quarterly  in  equal  quarterly  payments  on  the  first  days 
of  January,  April,  July  and  October  of  each  year  as 
follows:  the  first  payment  to  be  made  on  April  1st,  1911: 

-7- 


During  the  first  year  next  ensuing  .after  the  signing 
of  this  agreement  by  the  respective  parties  hereto  the 
sum  of  twenty  thousand  Dollars  (§20,000.00) 

During  the  second  year  next  ensuing  after  the  sign¬ 
ing  of  this  agreement  by  the  respective  parties  hereto 
the  sum  of  thrity  thousand  dollars  (§30,000.00). 

During  the  third  year  next  ensuing  after  the  signing 
of  this  agreement  by  the  respective  parties  hereto  the 
sum  of  forty  thousand  Dollars  (§40,000.00). 

During  the  fourth  and  all  ensuing  years  during  the 
life  of  this  contract  the  sum  of  Fifty  Thousand  Dollars 
($50,000.00)  per  annum. 

b.  The  lessee  covenants  and  agrees  that  it  will 
pay  the  sums  to  become  due  as  royalties,  in  addition 
to  the  minimum  guaranteed  royalties  hereinbefore  referred 
to,  quarterly  and  within  thirty  days  after  the  expiration 
of  each  quarter.  The  minimum  royalties  are  to  be  paid 
as  above  stated  on  the  first  days  of  January,  April,  July 
and  October  of  each  year,  and  if  there  is  due  an  addition¬ 
al  sum  by  reason  of  the  royalties  above  enumerated  this 
shall  be  paid  quarterly  and  within  thirty  days  after  the 
expiration  of  each  of  said  quarters. 

ARTICLE  SIXTH. 

BOOKS  OF  AC COURT  TO  BE  KEPT  BY  THE 
LESSEE. 

The  said  Lessee  shall  keep  at  all  times  hereafter 
during  the  life  of  this  contract,  and  until  final  settle¬ 
ment  of  account  between  the  parties  hereto ,  a  special 
book  or  special  set  of  books,  in  which  shall  be  kept  an 
accurate  and  complete  record  of  all  film  and  plate  reseaux 
manufactured  by  the  lessee,  its  representatives  and  assigns, 
to  be  known  as  "Roseau  Books".  These  books  shall  be  two 

-8- 


in  number  and  shall  be  known  respectively  as  Glass  and 
Film  Reseau  Books.  A  third  book  shall  also  ne  kept 
for  recording  the  manufacture  of  color  positives  upon 
glass,  film,  paper  or  other  substance  not  carrying 
reseaux. 

The  lessee  further  covenants  and  agrees  to  keep 
a  fourth  book  wherein  shall  be  entered  the  amounts  and 
prices  of  all  materials  whatsoever  used  by  it  in  its 
factory  or  laboratory  in  the  manufacture  of  reseaux 
or  in  any  of  the  branches  of  the  work  to  be  carried  on 
by  the  lessee  under  the  secret  processes  and  patents 
referred  to  herein. 

The  lessee  further  covenants  and  agrees  to  keep  a 
special  book,  or  special  set  of  books,  in  which  shall  be 
entered  all  revenues,  income  and  profits  of  any  kind  and 
nature  whatsoever  received  by  the  lessee,  its  representa¬ 
tives,  successors  and  assigns,  from  the  exercise  of  the 
rights  granted  by  this  contract  in  any  manner  whatsoever. 

The  said  lessee  covenants  and  agrees  to  allow  the 
lessor,  its  officers,  agents,  representatives,  successors 
and  assigns,  access  at  all  times  to  the  said  books  for 
the  purpose  of  inspection  and  audit. 

The  said  lessee  further  covenants  and  agrees  to 
permit  a  certified  public  accountant  named  by  the  lessor 
to  examine  eacji  and  every  one  of  the  books  herein  above 
provided  for  and  to  permit  said  accountant,  should  he 
desire  further  information  from  the  other  books  of  the 
lessee,  in  order  to  determine  whether  the  books  above 
named  contain  a  record  of  all  the  work  and  products 
manufactured  or  produced  under  the  secret  processes 
and  patents  herewith  conveyed  to  have  access  to  such 
other  bookB  of  the  lessee  as  in  his  judgment  he  may  deem 
necessary  to  examine. 


A  H  TI  C  1  s  snni  H. 

FACTORIES  AIIB  UACHIITERY. 

The  said  lessee  hereby  covenants  and  agrees  to 
properly  biiild,  install  and  equip  within  two  hundred  days 
after  the  signing  of  this  contract  a  factory  fully  and 
completely  equipped  to  manufacture  and  furnish  not  less 
than  four  thousand  (4,000,)  linear  meters  of  cinemato¬ 
graphic  films  per  day. 

The  said  Lessee  shall  also  properly  build,  install 
and  equip  a  factory  within  two  hundred  (S00)  days  after 
the  signing  of  this  contract,  with  the  necessary  machinery 
and  other  equipment  for  the  manufacture  of  negative  and 
positive  reseaux  upon  glass,  with  a  capacity  of  twenty- 
five  (25)  square  meters  per  day,  and  shall  also  furnish 
the  necessary  machinery  and  other  equipment  for  the 
mamifacture  of  emulsion  suitable  for  use  in  connection 
with  said  |>ro  cesses  above  referred  to  and  machinery  for 
coating  the  same  upon  film  and  glass. 

The  Lessee  shall  also  provide  at  its  own  expense  all 
suitable  and  necessary  machinery,  celluloid,  paper,  films, 
emulsion  and  other  materials,  to  supply  such  plates  and 
films  for  the  commercial  market. 

The  said  Lessee  further  covenants  and  agrees  to 
enlarge  the  factories,  plants  and  equipment  as  the  de¬ 
mands  of  the  trade  shall  require. 

A  R  T  I  C  L'E  EIGHTH. 

LESSOR’ S  PATEHTS  AHD  PROCESSES' TO  BE  USER 
EXCLUSIVELY. 

It  is  further  agreed  that  the  processes  of  said 
Lessor,  both  secret  and  as  set  forth  in  said  Letters 
Patent  all  And  singular  hereinbefore  described,  and  all 
its  future  patents  and  improvements,  shall  be  exclusively 
employed  by  said  Lessee,  its  successors,  assigns  and  sub- 

-10_ 


« 


licensees,  in  the  production  of  positives  in  color, 
whether  for  use'  in  cinematography  or  in  cinematographic 
apparatus,  or  in  the  manufacture  of  color  positives  on 
glass,  film,  paper  or  other  substance,  unless  the  Lessor’s 
consent  in  writing  to  the  use  or  adoption  of  other  patents 
or  processes  is  given. 

ARTICLE  mil. 

SERVICES  OR  JOKE  HUTCHIHSOH  POWRIE. 

John  Hutchinson  Powrie,  party  of.  the  second  part, 
hereinbefore  referred  to  as  the  Inventor,  agrees  to  give 
so  much  of  his  time  as  moy  be  necessary  to  properly  in¬ 
stall  in  the  factory  or  factories  of  said  Lessee  machines 
and  machinery  sufficient  to  make  at  least  four  thousand 
(4,000)  linear  meters  of  cinematographic  film  and  twenty- 
five  (25)  square  meters  of  reseau  plate  per  day.  The  said 
Powrie  further  agrees  to  give  to  said  Lessee  the  benefit 
of  all  future  improvements,  patents  and  processes  re¬ 
spectively  made,  patented  and  devised  by  him  for  use  in 
the  manufacture  of  color  images,  either  negatives  or 
positives,  for  color  photographs  in  trichromy,  or  in  the 
realm  of  color  photography  generally;  and  said  John  H. 
Powrie  further  covenants  and  agrees  to  apply  from  time  to 
time  for  Letters  Patent  of  the  United  States  and  of 
foreign  countries  for  such  of  his  discoveries  and  im¬ 
provements  in  said  processes  as  may  be  necessary  for  the 
protection  of  the  Lessor  and  of  the  Lessee  herein. 

The  said  John  H.  Powrie,  incoonsideration  of  the 
payment  by  the  Lessee  to  him  of  all  his  necessary  expenses 
and  a  salary  of  per  day,  agrees 

to  give  such  of  his  time  as  may  be  necessary  (consistent 
isrith  his  other  duties)  to  the  installation  by  said 
Lessee  of  all  necessary  plants  for  the  manufacture  of 
color  films  and  plates,  or  for  the  instruction  of  rep¬ 
resentatives  and  employees  of  said  Lessee,  in  connection 


-11- 


with  the  commercial  utilization  of  said  inventions  and 
secret  processes  of  the  said  John  H.  Powrie  in  connection 
with  color  photography. 

In  the  event  of  the  sickness  or  disability  of  said 
Powrie,  party  of  the  second  part,  for  a  period  of  over 
forty  (40)  consecutive  calendar  .dayB  in  any  quarter  du'rdng 
the  installation  of  the  said  machinery  or  plants  or  the 
instruction  of  said  employees  of  the  lessee,  the  said 
lessee  shall  be  authorized,  if  the  said  sickness  or 
disability  shall  seriously  inconvenience  it  in  its  manu¬ 
facture  of  chromo-cinematographic  films,  and  reseau  plates 
and  of  reseau  film  not  used  in  the  manufacture  of  moving 
pictures,  to  retain  for  its  own  use  one  third  of  the  royal¬ 
ties  otherwise  payable  to  said  lessor,  in  excess  of  the 
minimum  royalties  hereinbefore  provided  for,  for  the  num¬ 
ber  of  days  in  which  said  Powrie  shall  be  so  siok  or 
disabled  as  aforesaid,  but  in  no  case  shall  the  royalties 
hereinbefore  called  the  ’’Minimum  Eoyalties"  be  withheld 
on  account  of  the  sickness  or  disability  of  said  Powrie, 
party  of  the  second  part. 

If  said  Powrie  shall  die  during  the  life  of  this 
contract  as  hereinbefore  defined,  the  lessor  shall  in 
his  place  and  stead  substitute  another  person,  who  shall 
have  knowledge  of  the  secret  processes  hereinbefore  re¬ 
ferred  to,  and  such  person  shall  do  and  perform  all  the 
acts  which  said  Powrie  by  this  contract  undertakes  to  do 
and  perform,  with  the  same  force  and  effect  as  if  the  same 
had  been  performed  by  the  said  Powrie,  party  of  the 
second  part. 

In  the  event  that  upon  the  death  of  the  said  Powrie, 
party  of  the  second  part,  during  the  life  of  this  contract 
the  said  lessor  shall  not  be  able  to  substitute  in  his 
place  a  person  who  shall  have  knowledge  of  the  secret 
processes  aforesaid,  it  is  understood  thAit  during  the 


;  remainder  of  the  life  of  this  contract,  the  lessor  shall  he 
entitled  to  receive  the  minimum  royalty  hereinbefore 
referred  to,  but  no  further  royalty  in  addition  thereto. 

AB1ICLK  IKS. 

RIGHT  OS’  THIS  LESSEE  -TO  TRANSFER  THE  USE  OS’  THE 
PATENTS  AND  PROCESSES. 

The  Lessee  shall  notify  the  Lessor  in  writing  of  the 
name  and  address  of  any  person  or  corporation  to  whom  it 
may  desire  to  transfer  the  right  to  use  and  utilize  the 
processes  and  inventions  above  described,  or  any  of  them, 
and  shall  forthwith  submit  to  the  said  Lessor  the  draft 
of  the  contract  which  the  said  Lessee  proposes  or  desires 
to  enter  into  with  such  person  or  corporation. 

It  is  agreed  betv/een  the  parties  hereto  that  any  such 
contract  between  the  Lessee  and  sub-licensee  shall  contain 
a  provision  by  which  B^id  sub-licenBee  shall  agree  to  use 
the  processes  and  patents  of  the  Lessor  exclusively,  and 
that  such  contract  shall  further  provide  that  the  books  and 
papers  of  such  sub-licensee  shall  be  open  to  the  same 
inspection  and  audit  as  is  hereinbefore  provided  in  re¬ 
spect  to  the  books  and  papers  of  the  Lessee  in  Article  Six, 
such  transfer  or  assignment  of  these  rights  to  any  other 
person  or  corporation  3hall  be  made  subject  to  all  the  j 

terms  and  conditions  of  this  contract,  and  no  contract  for 
the  transfer,  sale  or  assignment  of  the  use  of  the  said 
rights  transferred  by  this  contract  by  any  proposed  sub¬ 
licensee  of  the  Lessee  shall  be  valid  imless  approved  by 
the  Lessor. 

In  the  event  that  any  such  license  shall  be  granted, 
after  the  approval  of  the  Lessor,  the  Lessee  agrees  to 
guarantee  the  payment  of  the  full  amount  of  royalties  to  ths 
Lessor  for  reseau  cinematographic  films  or  plates  or  photo¬ 
graphic  plates  in  oolor,  used  by  the  sub-licensee,  at  the 
same  rates  provided  for  in  this  contract,  and  the  royalties 
-IS- 


so  due  and  owing  from  the  said  sub-licensee  if  not  paid 
to  the  lessor  within  thirty  days  after  the  first  days  of 
January,  April,  July  and  October,  shall  be  paid  to  the 
lessor-  without  deduction  of  any  kind  by  the  lessee. 

She  lessee  is  not  relieved  by  such  transfer  of  any  of  its 
bbligations  under  the  terms  of  this  contract,  and  any 
breach  of  any  of  the  terms  of  this  contract  by  any  person 
or  corporation  to  whom  the  lessee  shall  transfer  the  rights 
under  this  contract  shall  be  considered  a  breach  of  this 
agreement  by  the  lessee,  and  the  license  may  be  terminated 
by  such  breach,  as  hereafter  provided  for  in  Article  Eiftee  1 
of  this  agreement. 

AHIiOIi:  E  1  JR  V  15  N. 
i'OTL  USE  TO  BE  MADE  OE  PROCESSES  AifD  PATKHTS 
BE  LESSEE  AKJ)  SUB-1IC3USEE. 

It  is  hereby  agreed  between  the  parties  that  the 
lessee  will  use  every  effort  to  promote  the  manufacture 
and  exploitation  of  the  processes  and  patents  above 
described  in  chromo- cinematography  and  in  all  forms  of 
color  photography,  so  as  to  bring  to  the  lessoB  the  largest 
possible  financial  return  therefrom,  and  will  not  itself 
limit  or  curtail,  or  make  any  agreement  with  any  other 
person  or  corporation  to  limit  or  curtail,  the  production 
of  chromo-cinematorgraphio  or  photographic  reseau  films  and 
reseau  plates  or  any  of  the  images  or  products  on  glass, 
paper,  or  other  substances  used  in  the  realm  of  color 
photography;  nor  will  said  lessee  discontinue,  or  agree  witi 
any  person  or  corporation  whatsoever  to  discontinue,  any 
part  of  the  manufacture  of  the  chromo-cinematographic  films 
or  plates  or  photographic  reseau' films  and  reseau  plates 
whatever,  on  any  of  the  work  on  any  of  th9  processes  or 
patents  of  the  lessor  hereinbefore  described  and  herein¬ 
before  referred  to. 


-  14 


iH  1  I  0  IS  T  VI  SITE. 

PRESERVATION  OF  SECRET  PROCESS. 

John  Hutchinson  Powrie,  the  Inventor,  agrees  to  prepare 
a  complete  and  detailed  description  of  each  and  all  of  the 
secret  processes  devised  by  him  heretofore  referred  to, 
as  will  enable,  any  person  skilled  in  the  art  to  proceed  to 
use  such  processes  in  the  art  of  color  photography ,  and 
this  description  shall  be  subscribed  and  sworn  to  by  said 
John  H.  Powrie  and  the  verification  thereof  shall  be  ex¬ 
hibited  to  an  officer  of  the  Lessee,  or,  at  the  election 
of  the  Lessee,  to  its  board  of  directors  at  a  meeting  there¬ 
of,  and  such  statement  shall  thereupon  be  placed  in  the 
presence  of  the  board  of  directors,  or  a  committee  of  the  i 
same,  or,  at  its  election,  in  the  presence  of  an  officer 
of  the  same,  in  a  sealed  7/rapper,  which  shall  thereupon  be 
deposited  in  a  safe  deposit  box  in  Safe 

Deposit  Company  under  the  following  instructions,  to  wit: 
that  no  one  shall  have  access  thereto  except  in  the  case 
of  the  death  or  permanent  disability  of  said  Pov/rie,  or 
unless  the  Lessee  refuses  at  any  time  to  proceed  with  the 
manufacture  of  color  photographs  under  the  several  patents, 
inventions  and  processes  hereinbefore  referred  to,  in  which 
lutter  event,  an  officer  of  the  lessor  shall  have  access 
thereto . 

To  further  insure  the  Lessee  that  said  secret  pro¬ 
cesses  shall  not  be  lost  because  of  the  death  or  permanent 
disability  of  said  Pov/rie,  it  is  covenanted  and  agreed  that 
the  Lessor  will  have  and  procure  one  of  its  officers,  or 
a  person  designated  by  it  to  be  fully  conversant  with  the 
several  secret  processes  hereinbeforo  referred  to  and  that 
the  name  of  said  person  shall  be  given  to  the  Lessee  at  the 
time  of  the  signing  of  this  contract  or  it  shall  be  given 
to  the  said  Lessee  at  any  time  upon  proper  demand. 


-15- 


A  R  I  I  C  H  T  H  I  H  T  E  3  H. 

SUIIS. 

It  is  hereby  covenanted  and  agreed  that  all  suits 
brought  against  any  of  the  parties  to  this  agreement  or 
any  sub-lioensee  of  the  lessee  which  shall  effect  in  any 
way  the  secret  processes  and  patents  mentioned  in  this 
agreement  or  which  shall  hereafter  be  granted  to  the 
lessor  or  the  inventor,  shall  be  defended  by  the  lessor 
and  lessee  and  the  expenses  thereof  be  equally  divided 
between  the  said  lessor  and  the  said  lessee.  If  in  any 
such  suit  the  lessor  be  not  named  as  a  party  defendant  the 
lessee  agrees  that  the  lessor  shall  be  notified  immediately 
of  the  pendency  of  such  suit  and  the  lessor  given  an 
opportunity  to  come  in  and  become  a  party  defendant  to  the 
said  Buit,  and  said  lessee  further  covenants  and  agrees  that 
it  will  fully  and  at  once  inform  the  lessor  respecting  every 
suit  brought  against  the  said  lessee  or  any  of  the  sub¬ 
licensees  of  said  lessee. 

In  case  any  of  the  patents  taken  out  by  the  Inventor, 
of  which  the  lessor  is  the  holder,  shall  be  infringed  or 
interfered  with  and  it  shall  be  deemed  necessary  by  the 
lessor  and  the  leasee  or  either  of  them,  to  bring  a  suit 
restraining  such  infringement  or  interference,  the  expense 
of  such  suit  shall  be  borne  equally  by  both  the  lessor  and 
the  lessee  and  it  shall  be  prosecuted  in  the  joint  names  of 
the  lessor  and  the  lessee,  unless  otherwise  expressly  agreei. 
upon  in  writing  at  the  time  the  suit  is  brought. 

Each  party  to  this  agreement  further  covenants  and 
agrees  to  notify  both  of  the  other  parties,  or  such  counsel 
as  may  be  designated,  of  any  suit  affecting  the  rights 
of  any  party  to  this  contract,  begun  by  any  person  or 
persons,  corporation  or  corporations,  against  any  of ^ the ' 
parties. hereto,  as, soon  as  possible  after  the  beginning 
thereof. 

Each  party  hereto  further  agrees  that  it  or  he  will 
-16- 


give  notice  of  any  intention  on  its  or  his  part  to  begin 
a  suit  against  any  person  or  persons,  corporation  or 
corporations,  affecting  the  rights  of  any  of  the  parties 
under  this  contract  in  relation  to  its  or  his  interests 
in  any  of  the  processes  or  patents  hereinbefore  referred 
to,  prior  to  the  eommen cement  of  such  suit. 

ASlXC.lg  FOURTEEN. 

ARBITRATION  OF  DISPUTES. 

The  parties  hereto  further  covenant  and  agree 
to  subnit  to  arbitration  all  matters  of  difference  be- 
tween  them  or  any  of  them  relative  to  the  interpretation, 
construction  and  operation  of  the  terms  of  this  contract 
and  any  other  difference  under  this  contract;  and  in  case 
of  a  breach  of  this  contract  by  uny  of  the  parties  hereto 
and  the  subsequent  termination  of  the  same  a3  provided 
for  in  Article  Fifteen  of  this  contract,  it  is  hereby 
ggreed  that  the  amount  of  damages  to  the  party  aggreived 
shall  be  fixed  by  arbitration;  that  in  submitting  any  of 
these  matters  aforesaid  to  arbitration  the  lessor  Bhall 
appoint  one  arbitrator  and  the  lessee  another  arbitrator, 
and  that  the  two  arbitrators  so  selected  shall  meet  and 
choose  a  third;  and  that  a  written  decision  of  a  majority 
of  the  three  arbitrators  so  selected  and  chosen  shall  be 
binding  upon  the  parties,  hereto.  The  parties  hereby 
mutually  covenant  and  agree  each  with  the  other  that  they 
and  each  of  them  will  respectively  abide  by  and  perform 
the  decision  of  the  arbitrators. 

In  case  of  the  failure  of  the  lessor  or  the  lessee 
to  appoint  an  arbitrator,  upon  demand  of  the  lessor  or  the 
lessee,  as  the  case  may  be,  the  party  aggreived  may  treat 
such  failure  to  appoint  an  arbitrator  as  a  breach  of  this 
contract  and  apply  to  a  court  of  competent .  jiirisdiction 
for  all  damages  sustained  by  such  breach. 


17  - 


ARTICLE  F  I  J  I  S  E  H. 

BREACH. 

In  case  the  Lessee  shall  fail  to  comply  with  and 
fulfil  any  or  all  of  the  covenants,  terms  and  conditions 
of  this  license,  then,  and  .in  such  event  the  Lessor  may 
terminate  the  same,  provided  that  whenever  the  Lessor 
Shall  terminate  the  same,  the  method  of  the  termination 
shall  be  as  follows,  to  wit: 

The  Lessor  shall  cause  a  written  notice  to  be 
served  upon  the  Lessee,  which  notice  shall  state  specifi¬ 
cally  the  cause  for  terminating  and  rendering  null  and 
void  this  license  and  shall  declare  the  intention  of  the 
Lessor  to  terminals. 

Such  notice  may  be  served  upon  the  Lessee  by  delivery 
to  an  officer  of  said  Lessee  wherever  he  may  be  found  in 
the  United  States,  and  in  case  an  officer  of  said  Lessee 
cannot  be  found,  such  notice  may  be  served  by  delivery 
thereof  to  any'  agent  or  person  authorised  to  transact 
business  for  the  Lessee,  or  by  sending  such  notice  by 
registered-  letter  to  said  Lessee  at  Orange,  Essex  County, 

Hev;  Jersey.  Thereupon  the  Lessee  shall  have 
ten  days  after  the  service  of  such  notice  as  aforesaid, 
in  which  to  remedy  or  remove  the  cause  of  causes  mentioned 
I  in  said  notice  of  terminating  and  rendering  null  and  void 
this  license,  and  if  within  such  period  of  ten  days  the 
said  Lessee  does  so  remedy  and  remove  such  cause  or  causes 
then  such  notice  shall  be  withdrawn  and  this  agreement 
continued  in  full  force  and  effect.  j&ul  in  case  said 
Lessee  does  not  so  remedy  or  remove  said  cause  or  causes  . 
named  for  rendering  null  and  void  this  license,  within  said 
period  of  days,  then  this  license  shall  be  and  become  null  and 
void  from  and  after  the  expiration  of  said  period  of  ten  days. 
And  in  case  this  license  shall  become  null  and  void  as  ! 


-ID- 


aforesaid,  said  Lessee  shall  immediately  deliver  to  said 
Lessor  at  the  place  of  business  of  said  Lessee  all  machines 
and  machinery  in  the  possession  or  control  of  said  Lessee 
or  any  of  its  sub-licensees  or  transferees  under  the 
provisions  of  this  license. 

She  revocation  or  annulling  of  this  license  at  the 
request  of  or  because  of  the  default  of  the  Lessee  shall  not 
revoke,  annul  or  otherwise  affect  any  rights  theretofore 
acquired  by  the  Lessor  under  Article  Five  of  this  agreement 
or  under  Article  Six  of  this  agreement  relative  to  the  pay¬ 
ment  of  royalties  and  the  keeping  of  books  respectively. 

A  3  I  I  0  I  B  S  IZ  !  3  S  I. 

H0YALTI3S  HOI  10  HOLLY  CHASE  OH  LI7HSTIHG  OF 
07/HEESHIP  BY  AH  AIERICAH  COURI,  ETC. 

It  is  further  agreed  that  if  at  any  time  hereafter 
by  final  order  and  decree  of  an  American  Court  of  last 
resort  of  competent  jurisdiction,  the  Lessor  or  inventor 
shall  be  divested  of  its  ownership  of  its  letters  patent 
hereinbefore  mentioned  or  any  of  them,  and  by  the  same 
order  and  decree  said  ownership  shall  be  invested  in 
another  person  other  than  the  Lessor  or  Inventor  or  said 
lessor  or  Inventor  shall  be  divested  of  its  ownership 
and  said  ownership  shall  not  be  invested  in  any  one, 
then  and  in  such  case  the  royalties  hereinbefore  provided 
to  be  paid  by  said  Lessee  to  said  Lessor  shall  not  wholly 
oease,  but  that  the  some  shall  be  re-adjusted  upon  some 
basis  which  shall  be  fair  and  equitable  to  the  parties  to 
this  agreement.  In  case  of  the  failure  of  the  parties  to 
agree  upon  the  basis  for  such  re-adjustment  said  matter 
3hall  be  referred  to  the  arbitrators  and  decided  by  them 
in  the  manner  provided  for  the  arbitration  of  other  disputes , 
as  provided  for  in  Article  Fourteen  of  this  agreement. 


19  - 


ARTICLE  SEVEN  I  K  K  I. 

ITAIvIIS  OR  FILMS  AND  ERASES. 

The  said  reseau  films  and  plates  shall  he  'known, 
designated  and  described  as"Florence  Films"  and"Florence 
Elates". 

A  R  T  I  C  L  3  EIGHTEEN. 

ARRAKG’iHENT  OF  COLOR  BAUDS. 

It  is  further  agreed  that  nothing  in  this  contract 
shall  he  constured  so  as  to  prevent  any  of  the  parties 
hereto  from  varying  the  form,  arrangement  or  relative 
proportions  of  the  bands  of  color  to  be  placed  on  the  said 
Heliehromic  screend,  it  being  understood  that  the  said  bands 
of  color  matter  may  be  arranged  transversely,  obliquely 
or  in  any  other  manner,  shape  or  form  which  may  be  deemed 
advisable  or  expedient,  and  the  number  and  proportions 
of  the  various  colors  may  be  varied  at  t'e  will  of  the 
parties  hereto,  anything  in  this  contract  or  in  the  letters 
patent  to  the  contrary  notwithstanding. 

ARTICLE  innSES. 

TAXES,  LICENSES  AND  OTHER  CHARGES, 

All  taxes ,  licenses  and  other  charges  that  may  be¬ 
come  due  or  owing  on  account  of  any  of  the  patents  hereinbe¬ 
fore  described  are  to  be  paid  by  the  Lessor,  except  that 
the  Lessee  agrees  to  do  everything  that  may  be  necessary 
to  protect  the  patents  and  keep  the  same  alive  and  in 
full  force  and  effect  in  those  countries  whose  lav/s  require 
patents  to  be  exploited  within  a  fixed  time  agter  the 
issuance  of  said  patents. 

ARTICLE  TWENTY. 

OBLIGATIONS  OF  CONTRACT. 

All  the  rights,  interests,  obligations  and  remedies 
aforesaid,  either  vested  in  or  imposed  upon  any  of  the 
parties  to  this  agreement,  shall  be  deemed  to  belong  to 


-20- 


and  be  enforceable  by  the  executors  and  administrators, 
successors  and  assigns  of  any  of  the  parties  to  this 
agreement. 

ahcicjiE  insn-ois, 

CHARGES ,  AIil'ICHAEIOHS  AID  AUSK3MSHBS . 

5he  parties  hereto  further  mutually  covenant  and 
agree  that  no  change,  alteration  or  amendment  to  this 
agreement  shall  be  valid  or  of  any  effect  whatsoever  upon 
any  of  said  parties,  unless  consented  to  in  writing  by 
each  of  the  parties  hereto,  with  the  same  formalities  of 
execution  as  this  agreement. 

XH  'iVIEEESS  THEREOF  the  parties  hereto  have 
hereunto  set  their  hand  and  seals  the  day  and  year  first 
above  written. 


Attest: 


THE  UHIPLATE  COJiPAHY 

BY _ _ 

President. 

Party  of  the  First  Part. 


Secretary. 


Attest : 


Party  of  the  Second  Part. 
THE  EDISOH  MAHOTACTURXHG  COHPAHY 


Party  of  the  Third  Part. 


Secre tary. 


*11- 


Hew  York,  Maroh  27th. ,  1911. 


■Mr.  Frank  1.  Dyer, 

national  Phonograph  Co. , 

Orange,  H.  J. 

My  dear  Mr.  Dyer: 

I  had  occasion  to  ride  in  on  the  train  to 
Hew  York  City  with  Mr.  Waddell  one  evening  Borne  two  months  ago, 
and  the  matter  of  handling  motion  picture  films  and  their  develop¬ 
ment  was  a  subjectof  discussion  between  us. 

I  told  Mr.  Waddell  that  I  had  a  machine  for  the 
treatment  of  films  in  an  automatic  and  continuous  manner  that  was 
admirably  adapted  for  their  development,  and  this  interested  him 
considerably. 

Having  made  application  for  patents  on  the  in¬ 
vention  I  showed  the  apparatus  to  Mr.  Waddell  some  weeks  ago. 

The  last  time  I  bbw  him  at  the  laboratory  some 


ten  days  ago  he  suggested  that  he  thought  the  device  would  be  an 
excellent  thing  for  the  development  of  the  small  films  for  the 
home  machine.  In  fact,  I  believe  it  is  the  best  way  in  whioh  the 
film  for  the  small  machine  can  be  developed, as  being  handled 
automatically  it  may  be  developed  with  greater  certainty  than  the 
development  of  films  by  visual  examination,  whioh,  of  course,  is 


.4 


Mr.  Frank  Jj.  Dyer. 


devioe  so  that  in  oase  you  should  care  to  consider  "trying  it  out" 
for  the  little  film  some  arrangement  might  he  made  to  take  the 
matter  up  without  delay. 

As  1  am  extremely  busy  on  my  own  work  I  oould  not, 
of  course,  give  very  much  time  to  the  matter  myself,  which  is  one 
reason  why  I  have  not  written  you  sooner,  hut  a  machine  for  the 
development  of  this  small  film  oould  he  very  quickly  made  as  the 
apparatus  is  comparitively  simple  and  inexpensive  of  construction, 
notwithstanding  the  great  accuracy  with  whioh  it  performs  the  work. 

Mr.  Gall,  your  engineer,  had  an  opportunity  to  see  the 
apparatus  a  few  days  ago  ,  although  it  was  not  in  operation  at  the 
time,  hut  he  has  a  good  idea  of  the  principle  involved  and  oould 
easily  give  you  some  idea  of  what  the  cost  of  construction  of  such 
a  machine  might  he.  If  you  care  to  see  the  apparatus  whioh  I  am 
using  for  the  sensitization  of  the  film  I  shall  he  pleased  to  show 
it  to  you. 

A  machine  oould  he  constructed  that  would  handle  say-, 
1000  to  1200  ft, ,  .per.  hour  of  the  small  film, taking  it  from  the 
reel,  developing,  fixing,  washing  and  drying  and  finally  reeling 
it  up  automatically. 

I  have  some  results  on  my  own  film  whioh  are  very 
creditable  and  hope  within  a  few  days  to  go  out  again  to  make 
some  further  negative  exposures  with  Mr.  Green. 

I  am  now  ooating  my  film  between  the  perforations,  aB 


-2- 


all  my  reseau  film  has  been  out  and  perforated,  and  I  am  obliged 
to  wash  it  off  after'  exposure  and  development  and  .recoat  it  for 
further  experiments  in  inoreasing  the  sensitiveness  or  speed  of 
the  film.. 

If  you  wish  to  see  me  or  wish  to  oome  to  the  laboratory 
I  wish  you  would  Bend  me  word  in  advance  either  by  telephone  or 
through  Mr.  Churohill,  so  I  oan  arrange  to  show  you  the  apparatus. 
Yours  very  sincerely. 


[ATTACHMENT] 


i  O' 


A 


*  APPARATUS  FOR  THE  AUTOMATIC  BATH  TREATMENT 
OF  PHOTOGRAPHIC  FILM  IN  A  CONTINUOUS  MANNER. 


t  v 


ttA 

I 


As  an  introduction  to  a  brief  description  of 
this  apparatus  a  few  prefatory  remarks  are  almost 
essential  to  an  intelligent  appreciation  of  its  merits. 

The  scientific  principles  involved  in  the  optics 
and  chemistry  of  photography  have  advanced  during  the 
past  ten  or  fifteen  years  with  as  rapid  strides  as 
have  other  arts  and  crafts,  such  as  electrical  and 
mechanical  engineering.  The  application  of  fundamental 
rules  governing  the  mechanical  operations  in  photo¬ 
graphic  work  have  done  much  to  relieve  the  operator 
from  the  necessity  of  burdening  his  mind  with  many 
details  which  we  have  come  to  learn  are  simply  mech¬ 
anical,  and  not  matters  of  intuition  or  artistic 
feeling.  By  being  thus  relieved  of  this  care  and 
attention  in  mechanical  detail,  chemicals  and  formulae 
'he  Is  able  to  more  intelligently  give  his  attention 
to  the  artistic  side  of  the  work,  such  as  the  light¬ 
ing  arrangement  and  composition  of  his  picture. 

One  of  the  greatest  obstacles  to  be  overcome, 
however,  has  been  the  elimination  of  the  personal 
element  in  photographic  development.  Strange  as  it  may 
seem  one  of  the  greatest  barriers  to  progress  along 
scientific  line"”  in  this  respect  has  been  the  deep- 
seated  belief  of  the  jyXfi  experienced  professional 
photographer ^that  'his^  y ears^of "tr ai-ni-n g-andi-lo ng- 
nraotice  have  gi-ven"hlm  that  personal  skill  which  en¬ 
abled  him  to  develop  his  plates  and  bring  out  a 
quality  and  character  to  them  that  could  not  be  at¬ 
tained  in  any  other  way. 


[ATTACHMENT] 


This  is  true  only,  to  the  extent  that  his  long 

training  has  fitted  him  to  do  these  things  in  a 
he 

mechanical  way,  and  /.is  really  performing  his  work 

like  an  automaton.  How  much  better  a  machine  might 
ma 

do  his  work  with  mathematical  precision  and  leave  him 
free  to  give  his  attention  to  those  things  which  are 
aecessarily  dependent  upon  personal  skill  and 
judgment.  The  first  great  advance  made  in  this  line 
was  the  conclusive  demonstration  by  Messrs.  Hurter  & 
Driffield  whose  researches  in  photographic  development 
are  perhaps  better  known  to  the  amateur  and  technical 
worker  than  they  are  to  the  professional.  There  is 
practically  little  that  can  be  done  with  an  exposed 
photographic  image ,  plate  or  film  to  alter  its  character 
in  development.  A  negative, to  begin  with,  is  but  a 
means,  to  an  end..  It  is  not  the  termination  of  the 
finished  product,  for  the  lights  and  shadows  which  are 
represented  in  reverse  in  the  negative  have  again  to  be 
reversed  in  the  production  of  the  positive,  whether 
it  is  a  print  upon  glass  to  be  viewed  by  transmitted 
light  or  a  print  on  paper.  In  an  underexposed  neg¬ 
ative  the  scale  of  gradations  run  from  the  high  lights 
to  the  middle  tones.  In  an  overexposed  negative  the 
scale  of  gradations  run  from  the  middle  tones  to  the 
shadows.  In  a  properly  exposed  negative  the  rendi¬ 
tions  of  light  and  shad.e  are.. more  properly  graduated 
between  the  lights  and  shadows.  If  the  negative  is 
underexposed  there  is  nothing  that  can  be  done  in  de¬ 
velopment  to  remedy  what  is  apparently  a  defect  in  the 
exposure,  for  the  resultant  print  from  such  a  negative 


[ATTACHMENT] 


will  invariably  show  the  scale  of  gradations  of.,., 
an  under-exposed  negative.  The  same  is  quite  true 
of  a  negative  which  has  been  correctly  exposed  or 
over-exposed.  As  a  matter  of  fact  we  criticise  the 
print  made  from  the  negative  from  a  pictorial,  if  not 
an  artistic,  point  of  view,  while  as  a  matter  of  fact 
the  under-exposed  negative  is  as  faithful  a  rendition 
of  that  portion  of  the  picture  representing  the  high 
lights  as  one  which  is  correctly  exposed.  And,  further¬ 
more,  the  correctly  exposed  negative  so-called,  does 
not  fully  record  properly  the  gradations  of  a  picture 
in  which  the  high  lig  hts  are  intense  and  the  shadows 
very  dark,  for  the  reason  that  no  photographic  plate 
is  capable  of  rendering  properly  the  3oale  of  gradations 
in  intense  light  with  deep  shadows.  It  is  in  this  respect 
that  the  long  training  of  the  professional  photo¬ 
grapher  who  has  .lustly  earned  a  reputation  for  good 
work  selects  such  conditions  of  lighting  as  will  come 
within  the  scope  of  the  sensitive  coating  upon  his 
plates.  There  is  no  better  illustration  of  the  truth 
of  these  statements  with  regard  to  the  development  of 
photographic  films  or  plates  than  the  development  tank, 
which  is  put  out  by  the  Eastman  Kodak  Company.  The 

amateur  who  knows  nothing  of  the  technique  of  photo- 
of 

graphic  work  makes  a  series  of  expo sures^ from  six  to 

twelve  or  more  upon  a  single  band  of  coated  celluloid 

which  is  rolled  beneath  a  covering  of  black  paper 

upon  a  bobbin  and  permitting  of  the  exposures  being 

made  at  his  convenience  by  simply  unwinding  the  black 
The 

paper  supporting  the  sensitive  film,  exposed  portions 
of  the  film  being  rewound  upon  another  spool  all  con- 


[ATTACHMENT! 


tained  in  the  rear  of  hie  camera,  J*or  development 
the  bobbin  of  exposed  film  is  placed  in  a  box  for  the 
purpose, and  the  projecting  end  of  the  black  paper 
which  supports  the  sensitive  film  is  nov;  attached  to  an 
apron  provided  with  projections  along  its  margin  so  that 
when  winding  up  the  paper  and  film, a  space  is  allowed 
to  intervene  between  the  exposed  surface  of  the  sen¬ 
sitive  film  and  the  preceding  turns  of  the  bade  of 
the  apron.  Briefly  the  film  is  rewound  inside  of  the 
an  apron  which  allows  room  for  the  developer  to  reach 
the  sensitive  surface  without  its  being  covered  in  any 
way  by  the  bach  of  the  apron.  This  apron  is  made  of 
opaque  material  and  wound  upon  a  reel  which  permits  of 
its  being  removed  from  the  box  without  exposing  it  to 
the  light.  This  reel  carrying  exposures  which  are  fre¬ 
quently  made  under  diversified  conditions  are  now 
lowere’d -into 'a.  i  can  in  which  the  developing  solution 
is  placed,  the  cover  put  on  and  allowed  to  remain  for 
a  uniform  and  stated  length  of  time  regardless  of  the 
conditions  under  which  the  pictures  were  taken,  it  has 
been  proven  repeatedly  beyond  question  that  negatives 
developed  in  this  way  are  as  good,  and  in  most  cases 
better,  than  if  the  separate  negatives  had  each  received 
individual  or  special  treatment  in  a  bath  and  the  time 
of  development  Judged  by  visual  examination.  In  the 
commercial  manufacture  of  motion  pictures  the  long 
strips  of  film  some  three  hundred  feet  in  length  repre¬ 
sent  thousands  of  individual,  exposures.  The  mechanical 
means  for  making  the  exposures  is  such  that  there  is 
relatively  little  difference, if  any,  in  the  exposures 
upon  the  film  throughout  its  entire  length.  Apparatus 


-  4  - 


[ATTACHMENT] 


has  been  devised  which  is  capable  of  enabling  the 
operator  to  predetermine  the  conditions  of  the  light 
under  which  he  is  working  so  that  he  may  adjust  his 
apparatus  to  make  correct  exposures  with  a  very  small 
percentage  of  error.  So  there  is  no  excuse  for  either 
under  or  over-exposure.  With  the  matter  of  development, 

*  if  time  and  tank  development  were  rigidly  adhered 
to,  there  should  be  comparatively  little  variation 
in  the  results,  but  in  the  device  referred  to  in  this 
paper  all  negatives  could  be  developed  so  that  they 
should  be  alike  in  density  and  almost  permit  of  positives 
being  printed  from  them  under  standardized  conditions. 

This  apparatus  for  bath  treatment  of  film  consists 
in  drawing  the  film  from  the  exposed  reel  by  a  leader 
over  revolving  rollers  in  a  helical  form,  these  rollers 
being  driven  by  a  motor  and  the  rollers  depending  from 
a  frame-work  immerses  the  film  passing  around  them  in  a 
bath  of  developer  or  other  solution  placed  in  a  tray 
underneath.  The  trays  rest  upon  a  table  with  projecting 
pins  beneath  them  which  may  be  actuated  by  a  lever 
that  raise  the  tray  containing  the  solution  30  that  the 
rollers  and  the  film  are  submerged  in  the  solution. 

When  the  leader  has  entered  this  solution  the  sensitive 
film  while  continuously  travelling  over  the  rollers 
remains  in  the  bath  for  a  sufficient  length  of  time  to 
properly  develop  the  film.  This, of  course,  is  dependant 
upon  several  things.  The  number  of  turns  of  the  film 
helix,  or  in  other  words,  the  total  length  of  film  im¬ 
mersed  in  the  solution  at  any  moment ,  the  speed  at  which 
the  film  is  travelling  through  the  solution,  the  concen¬ 
tration  of  the  developing  agent,  and  also  the  temp^ature 
of  the  developer.  These  conditions  once  properly  deter- 


-  5  - 


[ATTACHMENT! 


mined  may  be  maintained  as  a  constant  and  should  in¬ 
variably  give  uniform  results,  on  emerging  from  the 
developing  solution  the  film  passes  over  other  rollers 
and  through  successive  baths  placed  side  by  side  upon 
the  table,  such  as  fixing,  washing  and  glycerine  baths, 
and  on  emerging  from  the  last  bath  the  surplus  solution 
is  automatically  removed  from  the  surface, the  bach  may 
be  properly  cleaned,  the  film  travelling  on  over  a  dry¬ 
ing  raofc  on  which  it  dries  quickly  beeping  a  uniform 
tension  throughout  its  entire  length,  thus  avoiding  any 
torts  or  twists  which  would  tend  to  produce  local 
inequalities,  which  frequently  occur  in  other  methods 
of  handling  film  and  give  rise  to  local  variations  in 
the  number  of  perforations  in  a  given  length  of  film 
and  in  some  instances  even  differ  between  the  edges  of 
the  film  on  each  side  and  which  occasion  disagreeable 
.lumping  in  the  projected  pictures  and  a  tearing  out  of 
the  perforations. 

The  cost  of  construction  of  a  machine  for  this 
purpose  is  not  great  and  would  pay  for  itself  in  a  few 
months  in  the  labor,  material  and  time  saved,  to  say 
nothing  of  the  economy  of  space  and  improved  quality  of 
the  film  resulting  from  its  use  in  the  commercial  de¬ 
velopment  of  film. 

It  is,  of  course,  obvious  that  this  apparatus  can 
quite  as  readily  be  employed  for  the  operation  of  in¬ 
creased  sensitisation  of  film  in  a  bath,  for  the  intensi¬ 
fication  of  weak  images  or  the  reduction  of  those  which 
are  too  strong.  We  would  advocate,  however,  in  order 
to  reduce  to  a  minimum  any  loss  which  might  be  due 

-  6- 


[ATTACHMENT] 


by  reason  of  improper  exposure  the  device  already  re¬ 
ferred  to  for  detexmining  in  advance  the  proper  ex¬ 
posure  for  the  negative,  and  also  an  apparatus  of  ex¬ 
tremely  simple  construction  for  the  determination  of 
the  exposure  for  the  positives,  by  which  the  positive 
printing  machine  may  be  properly  adjusted  in  printing 
from  the  negative^so  as  to  give  uniform  exposure  to 
the  positives  printed  from  any  individual  negative  in 
order  that  they  may  be  developed  together.  Or  rather, 
to  follow  in  succession  through  the  machine  without  any 
variation.  It  is  also  Important  that  in  the  develop¬ 
ment  that  the  developer  should  be  Kept  at  a  uniform 
temperature.  This  can  easily  be  controlled  by  Keeping 
a  current  of  water  gradually  flowing  through  a  pan  in 
which  the  developing  tray  is  partially  immersed.  As 
the  developer  itself  gradually  loses  its  energy  in 
developing  long  lengths  of  film  this  bath  should  be 
continuously  and  gradually  replaced  by  fresh  developer, 
and  in  order  that  the  developing  solution  shall  be  Kept 
at  a  constant  level  the  developer  which  is  being  ex¬ 
hausted  by  reason  of  itB  action  on  the  film  should  grad¬ 
ually  be  drawn  off  while  fresh  developer  is  flowing  in. 
With  a  series  of  washing  baths  for  the  elimination  of 
the  hypo  from  the  film  the  same  arrangement  should  be 
provided  and  it  will  be  found  that  in  this  way  the  film 
may  be  quicKly  and  thoroughly  freed  from  the  fixing 
bath.  As  to  the  drying  of  the  film, the  apparatus  de¬ 
vised  by  Mr. Thomson  of  the  Water-proof  Film  Co.  would 
be  very  satisfactory, preventing  the  film  from  being 


-  7  - 


[ATTACHMENT] 


drawn  out  of  shape  and  allow  of  its  being  properly 
cleaned  automatically  before  drying,  and  after  which  it 
should,  if  desired,  be  permitted  to  pass  directly  into 
an  adjoining  apartment  to  be  a  water-proofed. 

For  determining  a  proper  exposure  in  printing 
the  positives  we  employ  a  frame  similiar  to  an  ordinary 
photographic  printing  frame  in  which  is  placed  a  plate 
of  ground  glass  back  of  which  are  a  series  of  very  fine 
gratings,  the  area  of  which  correspond  to  those  of  the 
image  on  the  negative  film.  A  series  of  these  gratings 
are  placed  side  by  side  so  they  cover  individual  neg¬ 
ative  images.  These  gratings  must  be  graded  in  such  a 
manner  that  they  retard  the  light  which  passes  through 
the  different  images  on  the  negative  film  in  definite 
proportions;  for  example,  at  the  top  the  direct  light 
will  pass  through  the  ground  glass  only  and  through  the 
negative  image  under  it.  The  second  negative  image  is 
retarded  by  the  grating  so  it  receives  only  one-half  as 
much  light,  and  the  third  half  as  much  as  the  second, 
the  fourth  half  as  much  as  the  third,  etcetra,  and  with 
say  five  or  six  steps  like  this  a  series  of  different 
exposures  may  be  obtained  simnltanieous ly  updn  a  short 
strip  of  the  sensitive  positive  film  which  is  intended 
to  be  used  in  the  printing.  The  frame  should  be  so  made 
as  to  allow  the  negative  film  to  be  inserted  through 
openings  provided  in  the  top  and  bottom  of  the  frame 
without  having  to  cut  off  pieces  of  the  negative.  The 
frame  is  now  placed  in  a  fixed  position  where  it  can  be 
exposed  to  a  constant  source  of  light  at  a  fixed  dis¬ 
tance, and  the  trial  strip  of  film  developed  in  a  tank 


-  S  - 


[ATTACHMENT] 


with  the  same  concentration  of  developer  and  for  the 
.same  length  of  time  as  that  in  the  developing  machine. 
After  fixing,  the  series  of  printed  pictures  are  ex¬ 
amined  and  the  one  which  appears  the  most  satisfactory 
in  the  series  of  prints  from  the  negative  is  read  off 
from  the  corresponding .scale  of  the  gratings  and  this 
reading  gives  the  operator  an  exact  and  definite  means 
of  controlling  the  exposure  in  the  positive  printing 
machine^with  a  corresponding  scale  for  the  control  of 
his  light  in  the  printing  machine. 

Dated,  March  20th,  1911. 

New  York  City. 


When  I  tried  to  get  you  on  the  telephone  Saturday 


it  was  with  reference  to  a  matter  which  I  wished  to  speak  that  I 
thought  might  he  of  considerable  interest  mutually. 

During  the  past  nine  months  in  which  we  have  been  en¬ 
gaged  working  out  certain  refinements  of  our  color  process  relative 
to  special  emulsion,  we  have  been  seeking  information  and  assist¬ 
ance  from  emulsionists  in  this  country  as  well  as  from  acrosss  the 
water. 

A  dry  plate  house  from  whom  we  had  some  very  satisfactory 
emulsions  some  years  ago  before  we  went  to  Eurppe,-  are  particularly 
desirous  of  co-operating  with  us  on  the  developement  of  our  color 
plates.  X  have  recently  shown  them  some  of  my  results  on  the  color 
film,  and  they  believe  that  they  could  further  improve  upon  what 
we  have  done.  They  are  urging  us  to  effect  some  arrangement  with 
them  immediately  which  they  think,  would  be  to  our  mutual  benefit. 

We  have  not,  however,  intimated  that  we  were  negotiating  with  any¬ 
one,  but  Miss  Warner  and  I  have  thought  that  before  we  went  farther 
in  the  matter  we  should  discuss  it,  with  you. 

In  our  opinion  the  use  of  an  emulsion  factory  for  coating 
plates  and  preperation  of  emulsion  for  film  in  color  or  black  and 
white  might  be  a  good  thing.  They  have  been  able,  as  I  have  said, 
to  produce  results  in  the  past  for  our  color  plates  that  has  not 
been  equalled  either  in  quality  by  either  the  Eastman  Kodak  or 


- - - ..X,.  . 


Cramer  Dry-plate  Co.. 


F.L.D.-3 

Should,  you  care  to  discuss  this  matter  with  us  it 
ought  to  he  done  very  soon,  as  some  immediate  answer  on  the  propo¬ 
sition  is  imperative. 


Yours  very  truly, 


j,,. 


April  14,  1911. 


Mr.  Jolm  H.  Pov/rio, 

Orange,  H.  J. 

Dear  Mr.  Pov/rio : 

Bef erring  to  your  letter  of  March  27th,  on 
the  subject  of  your  new  automatic  film  developing  apparatus, 
I  have  given  the  subject  serious  consideration.  I  expect 
shortly  to  urge  Mr.  Edison  to  consent  to  the  building  of 
a  no v/  film  plant  in  which  our  manufacturing  processes  may 
bo  completely  modernised,  ana  if  this  is  done,  a  continuous' 
developing  maohino,  if  practicable,  might  be  a  very  desir¬ 
able  thing  for  us  to  adopt.  Under  the  present  conditions, 
however,  I  hardly  think  it  would  bo  worth  while  for  us  to 
attempt  such  a  radical  change  in  apparatus. 

In  discussing  the  matter  with  Mr.  Jameson,  I  find 
that  he  is  somowhat  skeptical  ns  to  the  possibility  of  de¬ 
veloping  films  mechanically  without  the  exercise  of  the 
human  element.  However,  this  whole  question  will  have  to 
be  considered  when  we  take  up  the  matter  a  little  later  on 
of  possibly  malting  use  of  your  device. 

Yours  very  truly. 


fid/ i  mv 


President. 


THOMAS  A.  EDISON, 


Mr.  Donaia  Harper, 

32  Avenue  ao  1’ Opera, 

Paris ,  Prance . 

Doar  Mr.  Harper: 

Permit  me  to  introduce  my  good  personal 
friend,  Mr*  Williem  C.  Anderson,  of  Detroit,  the  manufacturer 
of  the  well  known  "Detroit  Electric"  car. 

Mr*  Anderson  goes  to  Paris  on  a  oomMned  pleasure 
and  "business  trip.  He  is  a  strung,  active  ana  thoroughly 
reliable  business  man,  and  if  you  have  any  businoss  friends 
who  might  be  interested  in  electric  vehicles  I  will  consider 
it  a  favor  if  you  will  introduce  Mr.  Anderson  to~them. 

Any  personal  courtesies  you  may  be  able  to  show 
him  will  be  very  much  appreciated-  by  both  Mr.  Edison  and 
myself. 

Yours  very  truly, 


PID/lTO 


President. 


Regarding  the  attached  memorandum  from  Mr. 

Huthison,  arranged  to-day  for  him  to  take  up  the  colored 
photographic  problem  with  Dr.  Powrie  and  decide  what  he  thinks 
of  the  prospects  of  success  end  then  to  discuss  the  matter 
fully  with  me. 

P.  1.  D. 


[ATTACHMENT] 


v/yr.  (ptvtfou  n  y*  : 

^  <^rn[  d/t-cti  #2  'rwmA'^  -  /<b^~ 

"5  ^>l/Vr7<X  '3L” 

S)r\\C\/)^^.  (ArvYk,  fY\  t/VlAs  j^'t'f  '’YT&C 

(MaA\  ^  S^Via> 

^-ruc^ZZx<(  Cstrt'UA.  YVlA~ 

•'t^/H  ~ybfW  Lk  loirtP  61/1*0— . 

JUvwyjt  5  i(jt  (rtirrfiAriM^  h'm'Y^'  P}aMm<-^ 

(Pi  cm u  wWf  fvrtuU\  ^TMYb..  j 

r^M/mdu\  ?v~  Mmm\. 

^/ATVqA  ’%-jfyn'u  OiVl/YUp^HY^  j 

CMdJI . fe-  fl/VVl/Asd^  gAt  6/Q  k7pm  ^"faAuq  —  I 

SYXIajMma.  Q-tflWX.  "fa  ^jT^l  (ww\  W^-d/h  j 
o/y^x>Uu^o\ .  A  'IamJo  rr~  '  j 

Ixiov  /^(A  AW-/-*tU\  | 

yj*  ^^/lui'iCjiAX^  'VH-'Yi/U/u  ...  j 
SUruhj  ium/H'  Ah\  <P/(m\  *1/vm*o  ,.  K*^*hnL.' 

<mm‘i*j . 

Akr- . C'fnu  A0\;  dA/u)  f&VVU.  ^ . S^W^~J  . 

//?-•  Yttyjir i^M-br  $tr_  't^v 


November  6,  1912. 


Mr.  1’owrie: 

Mr.  Hutchison  to llr.  inf.  that  you  have  not  taken  up 
your  color  proceos  with  him,  i  a  it  wrb  agreed  you  v;ould  do. 

I  wish ,  therefore ,  thf.t  you  would  do  this  without. delay, 
because  • t  ia  only  fair  to  Mr.  lihiieon  that  ho  ahould  be  thor¬ 
oughly  udvised  as  to  the  situation. 

PID/1V/V7  F.  I.  D. 


County  of  Ebb ox, 
State  of  Hew  Jersey. 


HARRY  E.  MILLER ,  being  auly  Bworn,  deposes 
and  says:  I  am  of  mature  age,  reside  in  Orange,  Bow 

Jersey,  and  have  charge  of  the  hooks  and  accounts  of  the 
Edison  Laboratory  at  V/ost  Orange,  Hew  Jersey;  said 
Laboratory  being  the  Laboratory  of  Mr.  Thomas  A.  Edison; 

I  am  personally  acquainted  with  John  H.  Powrie  and  know 
that  said  John  H.  Powrie  is  engaged  and  has  been  in  engaged 
in  experimental  work  on  the  Warner-Powrle  Prooess  of 
Color  Photography  for  more  than  three  years  at  said  Labor¬ 
atory,  and  that  speoial  faoilities  and  apparatus  for  such 
work  have  been  provided  for  said  John  H.  Powrie  at  said 
laboratory. 


Subscribed  and  sworn  to  before  me 
this  /./^ley  of  August,  1913. 


\C*4. 


IIOTAR  rTUBUC.  STATE  OF  HEW  JERSEY. 

COMMISSION  EXPIRES  SEPT.  5,  1917 


JlU. .  f« 


HA/v— -J-t—- -C£T  Cff  ( 


■  V  ^  • 


H 


[ATTACHMENT! 


A  short  affidavit  from  one  of  the  Edison  people  which 
will  show  t.ha’t^  preliminary  agreement  was  entered  into  between 
the  Warner-Powrte  people  and  the  Edison  people,  and  that  that 
agreement  is  being  carried  ouU^That  Mr.Powrie  and  his  associates 
are  carrying  on  tests  and  making  preparations  for  the  coinrnercla  1 
use  of  the  Warner-Powrle  process  of  color  photograph*!.  That  the 
Edison  people  have  provided  at  their  general  laboratories  at  West 
Orange, N..T.  a  building  as  a  special  laboratory  for  the  carrying  on 
of  the  pea  preliminary  work  and  have  paid  considerable  sums  of 
money  for  apparatus  and  supplies^/  That,  the  final  contract  has  not 
'yet  been  signed, or  any  money  paid  upon  any  such  final  arrangement, 
or  in  anticipation  of  final  payments  to  be  made  under  such  final 
contract.  That, the  execution  of  the  final  contract  is  dependent 
to  a  large  extent  upon  the  testB  of  the  process  and  its  adaptability 
to  commercial  use. 


JH ,r' 


Bacon  &  Melans 

(EmwmeUors  at  Earn 

SOLICITORS  IN  PATENT  AND  TRADE-MARK  CAUSES 
McGill  Building,  008  G  Street,  Northwest 
WASHINGTON,  B.  C. 


February  24,  1914. 


Delos  Holden,  Esq  ., 

New  York  City . 


Dear  Sir: 

Title  search  re.  Powrie  patent. 

We  are  in  receipt  of  your  telegram  of  even 


date  reading  as  follows: 

"Mail  tonight  abstract  title  patent  eight 
nought  two  four  seven  one  Powrie," 


We  have  accordingly  examined  the  assignment 
records  of  the  Patent  Office  in  regard  to  thiB  matter, 
and  as  a  result  we  find  that  Powrie  assigned  his  entire 

right,  tit)le  and  interest  to  the  Uniplate  Company. 

'  on  record 

This  is  the  only  instrument  /ns  have  been  able  to  find 
affecting  the  title  of  this  patent. 

An  abstract  of  this  assignment  is  enclosed 

herewith. 


Very  truly  yours, 


Diet.  PT  -  M. 

P.  S.  Kindly  advise  us  against  whom  to  make 
this  charge . 


B  &  M. 


25  February  1914, 

Mr.  Hardy,  Legal  Department , 

Thomas  A.  Edison  Incorporated, 

Orange,  N.J. 

Dear  Sir , - 


In  response  to  an  Inquiry  concerning  the  nature  of  an 
action  pending  In  our  Supreme  Court,  New  York  County,  against  the 
Unlplate  Company,  Florence  M,  Warner,  Mary  Warner  and  John  H. 
Powrle  (Clerk's  Index  No.  21,264,  of  the  year  1913),  I  am  able  to 
Inform  you  that  the  action  has  never  been  tried.  It  is,  however, 
on  the  general  calendar  and  slowly  approaching  trial  in  the  usual 
way. 


The  action  is  based  on  a  claim  that  the  plaintiff  loaned 
the  defedants  $5,000,  to  be  repaid  within  three  days,  upon  certain 
representations  as  to  their  probable  ability  to  pay.  An  order  to 
show  aause  was  granted  and  upon  its  return,  the  plaintiff's  appli¬ 
cation  for  a  temporary  injunction  was  considered  and  argued, 
upon  the  claim  that,  the  defendants  were  without  means,  non-resi¬ 
dents  and  possessed  of  the  single  asset  of  the  United  States 
Patent,  assigned  or  to  be  assigned  to  the  Uniplate  Company, 

The  motion  was  granted  August  27,  1913,  upon  condition  that  the  . 
injunction  may  be  vacated  upon  defendants  giving  security  for  the 
payment. of  the  plaintiff's  claim  with  interest  upon  five  days 
notice.  The  amount  of  the  claim  was  $5000,  The  order  though  in¬ 
formal  grants  the  motion  as  prayed  for,  enjoining  the  jbiflindants 
and.  each  of  them  from  selling,  assigning,  transferring  or  other¬ 
wise  disposing  of  any  and  all  rights  of  the  defendants  and  each  of 


them  in  and  to  the  invention  of  the  defendant,  John  H.  Powrie,  as 
set  forth  in  the  annexed  copy  Letters  Patent  issued  by  the  United 
States  government,  and  said  Letters  Patent" 

The  foregoing  injunction  is  temporary,  that  is  pendente 
litem,  and  affects  the  Uniplate  Company  directly,  for  that  company 
is  the  holder  of  the  United  States  Letters  Patent,  There  is  no 
action  pending  here  in  any  way  affecting  the  rights  of  fihe  de¬ 
fendants  in  their  ownership  of  the  Warner-Powrie  Process,  The 
object  of  this  injunction  apparently  was  to  provide  a  means  of 
satisfying  a  judgment  for  the  $5000  in  the  event  one  were  rendered. 

The  pleadings  and  all  the  papers  relating  to  this  action 
are  on  file  in  the  County  Cleric's  office  and  may  be  called  for 
under  the  above  Cleric's  number,  and  examined.  If  there  is  any 
further  information  in  respect  to  this  action  which  you  desire  I 
shall  be  glad  to  talk  with  you  or  your  representative  at  this 
office  at  any  time, 


Yours  truly, 


and  that  now  merely  matter  of  expanse  necessary  to  produce 
commercial  product,  we  could  arrange  so.  that  monies  loaned 
would  he  deducted  from  cash  to  "be  paid  him  under  original 
contract,  powrie  unquestionably  must  raise  some  money  imme¬ 
diately  to  meet  obligations  no  longer  deferrable,  but  grav o 
question  in  my  mind  about  our  going  in  much  deep^er,  even  though 
process  should  be  successful,  as  it  is  doubtful  if,  including 
two  hundred  thousand  cash  payment  and  royalties  specified  in 
original  contract,  together  with  cost  of  plant  and  equipment 
necessary  to  manufacture,  we  would/make/money  or  even  get 
our  money  back  ''  Fiice  thousand  dollars  might  keep  him  out 
serious  trouble  until  you  return,  and  if  you  are  willing  we  . 
might  advance  him  this  amount  without  any  security  and  take 
chances,  Powrie's  work,  including  five  thousand  cash  paid 
■him  account  expenses  from  Eurpoe  thus  far  .cost  us  about  thirty 
thousand  dollars,  V/ire  fully  your  wishes. 


WILS01T. 


[ATTACHMENT] 


Extract  of  Mr.  Edison's  memo. 


"1st  sand  to  Patent  Office  and  see  if  there  are  any  transfers 
s  to  title  or  interest  in  Powrie  patents  on  colored  pictures  patents, 
or  applications  on  record  or  if  there  is  any  cloud  on  them  on  the 


RECEIVED  AT 


DAY 


TER 


21  H  29  Collect  Blue 

Fort  Meyers , Flo • , Mar. 2-14 

0  •!{«  Wilson,  Edison  Co. .Orange, H.J. 

Dont  care  to  loan  Powrle  any  Money  on  basis  named  he  only  has  a 
fighting  chanoe  and  will  require  years  to  perfect  and.  large  sums  Money 
for  Factory. 


March  7,  1914. 


Mr.  Edison 

I  beg  to  confirm  telegram  (Day  Letter)  of  this 
date,  as  follows: 

"Powrie  wants  a  special  camera  and  a  film 
perforator  for  color  work  made  up  at  once. 

Will  cost  about  five  hundred  dollars  and  I 
will  not  go  ahead  without  your  approval. 
Everything  proceeding  nicely  here.  Another 
heavy  snowstorm  last  night. 

M.  R.  Hutchison." 

The  above  for  your  information. 


/  March  11,  1914. 

Mr.  Thomas  A.  Edison, 

Port  Hyers,  • 

Plorida. 

Dear1  Mr.  Edison: 

Although  a  little  late,  it  will  perhaps  he  well 
to  ooni’irm  the  sending  of  night  lettor  to  you  on  Pehruary  28th 
regarding  the  Bowrie  matter,  and  acknowledge  reoeipt  of  your 
te|^raphio  roply  dated  March  2nd.  I  do  not  think  it  necessary 
to 'quote  tho  messages,  as  they  arc  evidently  both  fully  under¬ 
stood;  therefore,  suffice  it  to  say  that  I-  havo  been  and  will 
be  guided  by  yo\ir  decision  not  to  loan  Powrie  any  money  on  basis 
named.  Personally,  I  think  your  conclusion  a  wise  one,  as  even 
though  ho  should '  eventually  succeed  in  perfecting  his  color  phr- 
tography,  I  believe  it  would  take  us  a-  long  time—  and  perhaps 
we  would  never  succeed  in  getting  hack  profits  the  amount 
we  would  he  called  upon  to  invest,  as  called  for  hy  the  original 
agreement ,'  namely:  $200,000  cash  ana  in  addition  thereto  a  roy¬ 
alty  on  ovary  foot  of  film  sold,  to  say  nothing  of  the  cost  of' 
speoial  plant  and  equipment  necessary  to  produce  the  product. 

I  do  not  know  how  Powrde  has  arranged  to  handle  his 
financial  obligations,  as  since  X  advised  him  that  you  did  not 
oarc  to  loan  or  advenoe  him  any  money  on  the  basis  ho  indicated 


Mr^  Thomas  A.  Edison-  2. 

he  has  saia  nothing  further  to  me,  and  X  have  not  considered 
it  advisable  to  question  him  for  fear  he  would  again  make  a 
request  on  us  in  some,  other  manner. 

Yours  very  truly, 

’res.  3a  Gen.  Mgr. 


CUW/IWW 


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[ON  BACK  OF  PRECEDING  PAGE] 


Hr.  Thomas  A.  Edison, 

Fort  Ityers, 

Florida. 

Dear  Hr.  Edison: 

Referring  to  your  recent  memo,  having,  further 
reference  to  Pov;rie  wenting  a  perforator,  ofco.,  X  find  you  are 
under  the  impression  that  the  agreement  v/e  have  with  Powrie 
does  not  include  en  option  on  the  dry-plate  feature  of  the 
invention,  the  same  as  it  does  on  the  film  end,  whereas  the 
option  does  lnolude  the  dry  plate.  Your  memo,  indicates, 
ho wever,  that  you  do  not  care  to  exploit  this  end  of  the  bus¬ 
iness  .  I  have  therefore  had  a  long  talk  with  Powrie,  Hr. 

Holden  being  present,  along  the  lines  you  indicated,  which 
would  necessarily  include  the  releasing  of  the  dry  plate 
option  to  him.  He  was  rather  receptive  to  negotiating  along 
these  lines,  but  rather  expressed  adoubt  as  to  whether  the 
two  lines  could  be  handled  separately,  for  the  reason  that 
the  basic  patent  covers  both  the  dry  plate  and  film,  and  also 
because  a  plant  that  would  answer  for  the  film  end  would  with 
but  little  expense  also  answer  for  the  dry  plate  end,  whereas 
if  separate  plants  had  to  be  put  up  the  cost  would  be  much 
greater. 

As  regards  the  hasio  patent  covering  both  the  dry 


,sS r.  Ehomas  A.  Edison-  2. 


plate  nnd  film,  Jtr.  Holden  explained  that  this  could  he  easily 
taken  care  of  hy  our  granting  a  license  for  the  use  of  the 
invention  on  dry  plate  work.. 

After  discussing  the  subject  at  some  length,  Powrie 
said  ho  would  be  willing  to  do  almost  anything  in  order  to  get 
things  started  and  would  therefore  think  over  the  proposition 
of  our  releasing  him  from  the  option  given  on  the  dry  plate  end 
of  the  business  and  his  disposing  of  or  making  arrangements 
with  sc.veone  else  to  handle  that  end,  with  the  understanding 

^ In*  cut  /^eoM 

that  a  new  contract  would  hove  to  ce  drawn  up  between  us 
covering  an  option  on  the  film  end  only  and  whereby  the  amount 
of  cash  payment  as  well  as  royalties  stipulated  in  the  present 
contract  would  be  reduced  to  the  extent  of  the  value  of  the 
dry  plate  rights,  which  now  ere  included  therein. 

He  also  said  it  would  perhaps  be  possible  to  get 
Eastman,  the  Ansco  people  or  someone  else  interested  in  taking 
over  the  entire  proposition,  if  we  so  desired;  in  such  an 
event  ho,  of  course,  to  reimburse  us  for  all  the  money  we  had 
thus  far  expended  or  might  expend  up  to  the  time  the  .transfer 
was  made,  und  I  tola  him  to  think  this  over  also  and  let  us 
know  what  proposition  he  could  submit  in  that  direction. 

Until  we  receive  Ms  propositions,  or  at  least  a  definite 
statement  indicating  that  he  Mil  consider  either  one  or  the 
othor  of  the  above  mentioned  suggestions,  1  do  not  see  that 
we  can  do  anything  whatever  in  the  way  of  a  new  contract.  He, 
however,  said  he  would  let  us  hear  from  Mm  v/ithin  the  next 
few  aays,  and  when  he  does  I  will  advise  you  further. 


Mr.  Thomas  A.  Edison-  3. 

In  the  meantime  I  am  not  going  to  authorize  1310  build¬ 
ing  of  the  perforator  which  he  desires,  as  I  do  not  think  we 
should  go  to  any  more  expense  until  we  know  cxaotly  where  we 
stand.  Should  you,  however,  disagree  with  my  decision  and 
decide  that  we  should  go  ahead  with  the  perforator  at  an  expense, 
as  Hutch  advised  you,  of  |§i||t  $600 ,  you  can  wire  me,  simply 
saying  "Go  ahead  with  Powrie  perforator",  and  work  will  be 
started  immediately,  thereby  avoiding  what  you  might  other¬ 
wise  consider  an  unoalled-f or  delay. 

The  more  I  consider  this  whole  proposition  the  more 
I  think  you  should  get  from  under  if  possible,  eVen  though  you 
have  to  turn  the  entire  thing  over  and  consider  the  money  thus 
far  expended  as  lost.  .  She  letter  agreement  entered  into  between 
Powrie  and  Dyer  as  it  now  stands  provides  for  a  cash  payment 
of  §200,000.  to  be  paid  at  the  time  "of  the  signing  of  the 
agreement" ,  which  would  be  when  we  decide  the  process  to  be 
commercial'  and  we  take  steps  to  manufacture;  and  in  addition 
to  this  cash  payment,  a  guaranteed  minimum  royalty  as  followB: 

First  year  after  signing 

of  agreement,  §20,000 

Second  year,  30,000 

Third  "  40,000 

Fourth,  and  all  ensuing  years 

during  the  life  of  the  patent,  50,000  per  annum.  ' 

The  patent  runs  until  1922,  or  .'eight  years  more^  there¬ 
fore,  assuming  we  took  up  the  process  this  year,  the  a^jpmuni 
royalties  during  the  next  eight  years  would  amount  to  §340,000, 
and  this,  together  with  the  cash  payment,  would  amount  to 


Mr.  Thomas  A.  Edison-  4. 

$540,000.  Due  to  the  rapid  changes  that  are  taking  place 
in  not  only  the  motion  picture  hut  all  classes  oi'  photography, 
together  with  the  keen  competition  which  is  liable  to  spring 
up  at  any  time  because  of  someone^per footing  a  color  picture 
process ,  it  certainly  looks  to  me  as  though  to 

an  expenditure  of  this  amount  of  money  would  be  a  very  hazard¬ 
ous  risk. 

.1,  of  course,  may  be  entirely  wrong  in  my  views 
concerning  this  matter,  but  in  my  position  oannot  help  ex¬ 
pressing  them  to  you. 

Any  further  instructions  you  oare  to  give  in  connec¬ 
tion  with  this  matter  I  shall  be  glad  to  receive. 

Your s  ve  ry  truly , 


CH'V  /  I\Y\V 


C-DS 


Thomas  A.  Edison  Jnc. 

Or  a  n  ge  ,N.  J.,U.  S.  A. 

ison  Phonographs  and  Records.  Edison  Primary  Batterie 
Edison  Kineto scopes  andMolion  Piclure  Films 
Edison  Home  Kinetoscopes  and  Motion  Picture  Films 
Edison  Dictating  Machines.  Edison  Kinetophones 
A.C.Rectifiers  and  Edison  House  Lighting  Controllci 

\V> 


pomas  A,  Edison, 
Fort  Myers, 

Florida. 

Edison: 


April  Y,  1914.  „ 

Uk  y  +**•  ^ 

U  WLuif 


Concerning  the  Powrie  matter,  I  have"jp5 
yet  been  unahle  to  get  him  to  consent  to  any  modificationTrrhiwfc — s 
ever  to  the  present  agreement.  In  discussing  the  matter  again  • 
with  him  yesterday,  he  said  he  had  taken  it  up  with  his  people.  ■ 


I  believe  there  are  two  others  interested  with  him  in  the 
Uniplate  Company,  who  now  own  the  patents  and  with  whom  our 
present  agreement  exists,  and  that  they  are  considering  the 
question  of  endeavoring  to  make  some  arrangement  with  the  Eastman 
or  Ansco  Company,  hut  as  yet  they  have  not  reached  a  definite 
decision  to  do  so.  It  rather  looks  as  though  we  might  have  some 
trouble  in  connection  with  this  matter  before  we  ore  through  with 
it  unless  we  are  willing  to  let  the  agreement  stand  as  at  present, 
as  in  my  opinion  Eowrie  is  still  confident  of  very  soon  producing 
satisfactory  results,  in  which  event  he  prefers  holding  us  to  the 
cash  payment  agreed  upon  rather  than  attempt  to  negotiate  with 
anybody  else  for  either  the  dry  plate  and  of  the  process  or  both 
the  dry  plate  and  film  end.  He  -says  he  is  progressing  very 
favorably  now  and  expects  to  be  able  to  show  you  satisfactory 
results  on  your  return..  In  the  meantime  I  do  not  see  that  anything 


Mr.  Thomas  A.  Edison  -2- 


important  can  happen  by  letting  matters  run  along  as  they  are 
but  when  you  do  return,  I  thihk  we  should  very  carefully  con¬ 
sider  the  question  of  forcing  him  to  make  a  new  deal  with  us 
or  throw  the  matter  up  altogether. 

Very  truly  yours, 

(Vi., . 

Vice  Pres.  &  Gen.  Mgr. 


COT:  AH 


<f^e/  ^ye^C  <2^3  ^st^-e,  J^-~  ,&&  -^**^-«-»—  a^. 

SL*^-*=^Z  scJ~ 

(JkUZjg  ^  ^  , 

oy  pjCr^L  -£<_  y£~^ 

.^4 ^  &^ta^/CjCi 


January  2,  1915. 


Mr.  John  II.  lowrie, 

Imperial  Hotel, 

Hew  York  City. 

Bear  Sir : 

Will  you  kindly  arrange  to  see  me  (my  office  is 
now  in  Mr.  Edison’s  Library)  tbe  early  part  of  next  week,  as  ■  #* 

there  are  several  matters  of  importance  I  think  it  advisable  to 
discuss  without  further  delay.  Come  over  Monday  if  possible. 

Yours  very  truly. 


CHW/IWW 


Vice-Pres.  &  Gen.  Mgr. 


Mr.  Powrie  states  that  he  has  found  that  his  method  can  he 
best  carried  out  by  the  use  of  a  regular  or  geometrical  pattern  on  the 
color  screen  as  distinguished  from  an  irregular  pattern  such  as  would 
be  obtained  by  scattering  the  particles  at  random  on  the  screen,  for 
the  reason  that  the  differently  colored  spaces  in  a  regular  arrangement 
can  be  very  much  larger  than  in  an  irregular  arrangement  without  being 
noticeable  to  the  eye.  Por  instance,  the  eye  can  detect  a  single  line 
only  1/6000  of  an  inch  wide  whereas  if  we  take  lines  1/500  of  an 
inch  wide,  that  is,  500  to  the  inch,  the  eye  cannot  detect  them  as 
separate  lines.  It  merely  looks  like  a  gray  surface. 

If  we  take  colored  particles  only  1/25000  of  an  inch  in 
diameter  arranged  irregularly  on  a  surface,  the  eye  can  detect  ir¬ 
regularities,  whereas  if  the  different  color  particles  are  only 
1/500  of  an  inch  in  diameter  and  are  arranged  in  a  regular  pattern,  the 
eye  cannot  detect  these  various  colors. 

As  regards  a  geometrical  .pattern  which  he  prefers  to  use, 
that  is,  lines  as  distinguished  from  squares  or  oblong  spaces,  there 
is  a  great  advantage  in  using  lines  because  in  order  to  superpose 
squares  there  is  a  likelihood  of  error  in  two  directions  whereas  in 
superposing  lines  there  can  be  an  error  only  in  one  direction.  In 
other  words,  the  problem  in  superposing  lines  is  much  simpler  than 
superposing  squares  or  other  figures  of  this  character. 

In  all  cases  no  matter  what  arrangement  is  used,  either 
lines  or  squares  or  irregular  arrangements,  the  diffusion  principle 
must  be  used,  that  is,  suppose  the  red  light  from  a  given  object  passes 
through  the  red  part  of  the  color  screen  it  must  then  spread  so  as  to 
cover  a  greater  surface  than  the  red  colored  pant  of  the  color  soreen. 
In  this  way,  we  practically  get  on  the  plate  some  of  the  red  that  is 


cut  off  toy  the  tolue  and  green  parts  of  the  color  screen  adjacent  the 
red  section  through  which  the  light  actually  came^and  similcr/^for  the 
other  colors. 


Referring  to  the  subject  matter  of  our  recent  con¬ 
versation,  we  do  not  care  to  assume  any  further  expense  in  connec¬ 
tion  with  the  development  of  your  inventions  in  color  photography, 
ffe  have  expended  up  to  date  quite  a  sum  of  money,,  including  the 
amount  paid  for  our  option.  '  Shis  amount  we  think  you  should 
reimburse  us  for,  either  by  deducting  same  from  the  initial  pay¬ 
ment,  in  case  we  exercise  our  option,  or  by  payment  of  same  to  us. 
in  case  we  decide  not  to  exercise  the  option.  We  Should  be  glad; 
therefore,  if  you  will  oomraunicato  with  your  associates,  with  a 
view  to 'entering  into  some  agreement  for  securing  this  result,  ^ 
as  for  example,  an  agreement  that  if  we  do  not  exercise  the  option 
we  will  release  you  from  all  claims  with  respect  to  your  inventions 
in  color  photography,  including  U.  3.  Patent  Ho.  802,741  and  yopr 
more  reoent  inventions,  upon  payment  to  us  of  the  amount  we  have  .> 
expended  and  providing  that  our  claim  shall  be  a  lien  on  your  patent 
and  inventions,  and  that  the-same  shall  not  be  assigned  or  trans- 


or/,,  ",/. S/i'nm/.X 


S$o 


[.,  WILSON 
nuary.  2Bth,  1915. 


0.  H.  Wilson, 

c/o  Thomas 


Dear  Mr.  Wilson: - 


A.  Edison,  j/o\,  W.  V  'h , 
irange,  Kew/JerseyH  ,rJ  1/ 

/^Vv  w 

Xour/ietter  of  the  15th  instant  was  duly  received. 

Of  course,  I  will  haver  to  accept  your  notification  as  cheerfully  as 
possible  that  you  ^ve  decided  to  discontinue  the  work.  My  experience  • 
in  not  being  gryin  proper  facilities  and  the  lack  of  any  appreciation 
of  my  work  hi *6  been  a  great  disappointment  to  me  of  course.  I  have 
realized  tlfat  for  the  past  two  years,  Mr.  Edison  has  ben  losing  interest 
in  this/matter ,  so  that  when  we  were  locked  out  of  our  work  shop  by  him 
shortly  after  the  fire,  it  was  no  surprise  to  us.  As  regards  your 
;estion  that  Mr.  Edison  should  be  reimbursed  for' the  expense  of  the 
>&periments,  I  can  hardly  believe  that  such  a  suggestion  comes  personally 
from  him.  I  haven't  the  heart  to  discuss  the  contents  of  your  letter 
with  Miss  Warner  and  her  mother  and  before  doing  so,  I  would  really  like 
to  know  that  the  proposition  contained  in  your  letter  comes  from  Mr. 
Edison  himself.  i  am  sending  a  copy  of  this  letter  to  Mr.  Edison  to- 


Hr.  C.  H.  Will 


January  28th,  1915, 


son  -  #2. 

gether  with  a  copy  of  the  letter  which  I  received  from  you. 


February  23,  1916, 


■\af^ 

V 


Ur.  John  H.  Powrie, 

Hotel  Imperial, 

Hew  York  City. 


Dear  Sir: 


v;c  find  it  necessary  to  occupy  the  building  in  v.hieh  your 
apparatus  an,!  supplies  aro  oontainod  at  the  Udison  Laboratory,  and  we 
hereby  call  upon  you  to  remove  sane  before  the  end  of  tho  present  week. 

In  case  this  is  not  dono,  we  shall  romove  the  sumo  and  hereby 
notify  you  that  wo  shall  not  be  liable  for  the  103s  of  any  of  said 
property  or  damage  thereto. 

Yours  truly, 


Vice  President  &  Genl.  Manager. 


✓ 


I,  JOHN  H.  POWRIE,  a  resident  of  the  City  of  Now 
York,  County  of  Now  York  ana  State  of  Now  York,  hereby 
authorize  ana  request  Thomas  A.  Edison,  Inoorporatea,  a 
corporation  of  the  State  of  Hew  Jersey,  ana  Thomas  A.  Eaison 
or  either  of  them,  to  deliver  to  H,  0,  Boss  of  West  Orange 
in  the  County  of  Essex  ana  State  of  New  Jersey,  the  follow¬ 
ing  material  now  on  the  premises  known  as  the  EaiBon 
laboratory.  West  Orange,  Hew  Jersey: 


One  complete  emulsion  mixer  or  stirrer. 

One  driving  mechanism  for  the  above  mentioned 
mixer  or  stirrer. 

Two  emulsion  bags. 

One  gauge  for  an  emulsion  ooating  machine. 

One  lot  of  small  tools  and  miscellaneous  artioles 
comprising  three  pairs  of  wooden  pinoherB,  one  spanner, 
one  wrench,  one  small  saw,  one  winding  crank,  one  lens 
holder  easing  and  one  piece  of  emery  stone. 

Two  tin  covers  for  emulsion  cans. 

One  printing  frame. 

One  dark-lamp^  shade  . 

One  film-clamping 'device. 

Two  film-reel  flanges  or  discs. 

One  arc  lamp. 

One  guideway  or  base  for  printing  machine. 

One  lot  of  colored  crepe  paper. 

One  lot  of  photographs. 

One  lot  of  glass  and  crockery  jars. 

One  box  containing  a  lot  of  magazines  and  other 
publications  on  photography,  a  lot  of  dishes,  knives 
and  forks  and  a  lot  of  towels  and  napkins. 


Bated  February  1915. 


March  13,  1915. 


Mr.  J.  H.  Powrie, 

Hotel  Imperial, 

32nd  St,  &  Bway, 

Uev.'  York  City. 


Dear  Sir: 


Mr.  Borggren  has  turned  over  to  this  Department 
ion  an  unpaid  note  for  §1100.  of  The  Uniplato  Co.  endorsed 
Please  send  me  a  remittance  at  once  to  take  up  this  note  a 
it  will  he  nooossary  to  bring  suit  to  recover  this  amount. 
Yours  truly. 


for  colleot- 
hy  you. 
s  otherwise 


DH/JU 


General  Counsel. 


Mr.  C.  H.  Wilson: 

I  hand  you  herewith  Mr.  McCoy's  last  report  upon  the  Powrie 
mat  tors.  Mr.  McCoy  is  of  the  opinion  that  Mr.  Metz  is  interested  only- 
in  the  use  of  the  Powrie  prooesa^f^  the  making  of  photographic 
plates  or  photographs  printed  from  plates  as  distinguished  from 
motion  picture  work  which  is  done  on  films.  He  tells  me  that  Mr. 

Taylor  of  Dyer  &  Taylor  and  also  Mr.  Prank  L.  Dyer  have  acquired  an 
interest  in  the  Powrie  prooess  for  motion  picture  purposes,  hut  he  is 
unable  to  locate  any  studio  for  this  purpose.  This  information  was 
given  to  McCoy  by  Mr.  Taylor. 

I  am  unable  to  see  that  we  can  do  anything  towards  the 
collection  of  our  claim  againet  Powrie  at  the  present  time,  although 
possibly  the  filing  of  a  suit  against  him  might  cause  him  to  pay  the 
amount  of  his  notes.  I  do  not  see  any  use  of  dunning  him  for  the 
account  as  we  have  boon  after  him  so  long  in  this  way.  I  would  either, 
leave  him  alone  or  file  a  suit  against  him. 

Elf  CL. 

DH/JU 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Copyright  Photographs 

This  folder  contains  correspondence  between  Frank  L.  Dyer  of  the 
Legal  Department  and  ThorvaldSolberg,  register  of  copyrights  at  the  Library 
of  Congress,  regarding  copyright  applications  for  motion  pictures  scenes. 
The  letters  are  from  1 905  and  relate  to  an  application  for  a  film  entitled  Poor 
Algy. 


Approximately  90  percent  of  the  documents  have  been  selected. 


Oct.  6th, 1905, 


Ragi3ti»«r^of  Copyrights, 

Washington,  D.O. 

SIR:- 

In  reference  to  the  enlosed  application  for  seven 
copyrights  in  the  name  of  Thomas  A.  Edir.cn,  I  hag  to  say  that 
the  photographs  in  question  constitute  single  pictures  from 
successive  scenes  of  a  moving  picture  film.  Heretofore,  it 
lias  been  Mr.  Edison's  practice  in  securing  copyrights  on  his 
moving  pictures  to  file  with  the  application  a  complete  print 
of  the  entire  series,  sometimes  hundreds  of  feet  in  length, 
and  involving  thousands  of  photographs.  In  Edison  v.  lubin, 
122  Eed.  Rep.  240,  it  was  held  hy  the  Circuit  Court  of  Appeals, 
Third  Circuit,  that  a  series  of  pictures  of  such  a  character 
"that  the  difference,  between  successive  pictures  is  not  dis¬ 
tinguishable  by  the  eye"  may  be  regarded  as  a  single  photo¬ 
graph,  and  therefore,  the  subject  of  a  valid  copyright.  It 
has  always  seemed  to  me  that  there  was  grave  doubt,  whether 
a  moving  picture  representing  different  scenes  with  different 
actors,  incidents  and  backgrounds  could  be  protected  by  a 
single  copyright.  Eor  this  reason  I  have  considered  it  safer 


No.  2  Registrar  of  Copyrights, 


to  secure  a  separate  copyright  on  each  scene.  Instead  of 
sending  a  complete  print  of  the  hundreds  of  pictures  compris¬ 
ing  each  scene,  I  have  selected  a  representative  picture  from 
each  scene,  limiting  the  copyright  to  that  picture,  hut  de¬ 
pending  in  case  of  infringement  upon  the  substantial  identity 
of  all  the  pictures  of  any  scene  with  the  copyrighted  picture. 
If  this  practice  is  acceptable  to  the  Copyright  Office,  it  will 
materially  reduce  the  expense  of  preparing  matter  here  for 
copyright,  and  I  should  suppose  would  be  also  preferable  to 
the  Copyright  Office  as  facilitating  more  convenient  filing  and 
reference.  A  single  photograph  in  duplicate  from  each  of  the 
seven  scenes  is  sent  herewith,  the  photographs  from  each  scene 
being  mounted  on  a  single  card.  If  t,hiB  is  objectionable, 
each  card  cun  be  cut  in  two,  and  if  you  will  advise  me  on  this 
point,  1  will  see  that  your  wishes  are  complied  with  in  the 
future.  I  will  be  obliged  if  you  will  advise  me  whether  the 
suggestions  I  have  made  meet  with  your  ideas,  so  far  as  your 
office  is  concerned,  and  if  so,  I  v/ill  follow  this  course  in 
seedring  similar  copyrights  hereafter. 

Kindly  also  let  me  know  whether  instead  of  sending 
a  money  order,  1  will  be  allowed  to  pay  the  necessary  fees  by 
check. 


nld/ahk. 


Very  respectfully, 


7 

T-  fil.  . 

No.  FWA-WHL 


Dear  Sir* 

I  have  tha  honor,  by  request  of  the  Librarian  of  Congress* 
to  acknowledge  receipt  of  your  letter  of  October  6th,  and  your  appli¬ 
cation  and  remittance  of  $3.50  for  seven  entries  under  the  title 
"Poor  Algy, "Scenes  1  to  7,  in  tha  name  of  Thomas  A.  Edison. 

You  state  that, 

"Heretofore,  it  has  been  Hr.  Edison's  practice  in  securing 
copyrights  on  his  moving  pictures  to  file  with  the  appli¬ 
cation  a  complete  pri'nt  of  the  entire  series,  sometimes 
hundreds  of  feet  in  length,  and  involving  thousands  of 
photographs.  In  Edison  v.  Lubin,  122  Fed.  Rep. 240, it  was 
held  by  the  Circuit  Court  of  Appeals,  Third  Circuit.,  that 
a  series  of  pictures  of  such  a  character  "that  the  dif¬ 
ference  between  successive  pictures  is  not  distinguishable 
by  the  eye"  may  be  regarded  as  a  single  photograph,  and 
therefore,  the  subject  of  a  valid  copyright.  It  has  always 
seemed  to  me  that  there  was  grave  doubt  whether  a  moving 
picture  representing  different  scenes  with  different  actors 
indicentB  and  backgrounds  could  be  protected  by  a  single 
copyright.  For  this  reason  I  have  considered  it  safer  to 
secure  a  separate  copyright  on  each  scene." 

This  opone  up  legal  questions  of  some  difficulty,  which  should 
receive  very  careful  consideration  before  notion  is  tdken.  The  matter 
will  therefore  be  taken  under  advisement  and  a  more  extended  reply  will 
be  sent  to  you  aB  soon  as  practicable.  In  the  me.antime,  your  applica¬ 
tion  and  remittance  wlll.be  held  to  your  credit  under  date  of  October 
7th  as  25631,  to  which  number  please  refer  in  future  correspondence. 
Whatever  entries  are  made  hereafter  upon  this  application  will  be 
dated  October  7th',  the  date  of  the  receipt  of  the  titles. 


2 


In  reply  to  your  question  as  to  remittances  I  would  state 
that  if  it  is  more  c  onveniont '  for  you  to  remit  by  means  of  check, 
the  same  will  be  accepted. 


Frank  L.  Dyer,  Esq., 

Edison  Laboratory, 
Orange,  N.  J. 


Respectfully^ 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Feed  Mechanism 

The  one  selected  item  in  this  folder  is  a  letter  from  1 905  by  Frank  L.  Dyer 
of  the  Legal  Department.  It  concerns  an  exhibiting  machine  designed  by  Edwin 
S.  Porter  and  its  possible  infringement  of  a  patent  issued  to  Thomas  Armat  in 
1901. 


The  unselected  material  includes  correspondence  with  patent  attorneys 
Bacon  &  Milans  of  Washington,  D.C.,  regarding  a  patent  for  a  kinetographic 
camera  issued  in  1 899  to  Oscar  B.  Depue  of  Chicago. 


Oct.  27,1905. 


William  38.  Gilmore,  Esq., 

Pres't  -  'Edison  Mfg.  Company, 
Orange,  N.J, 


Bear  Sir:-? 

Mr.  Moore  has  asked  me  to  express  my  opinion 
on  the  question  whether  the  proposed  small  exhibiting  machine 
with  eccentric  feed  movement,  designed  by  Mr.  Porter,  can  be 
marketed  without  infringing  any  existing  patents. 

I  understand  the  machine  in  question  is  to  be  put 
out  as  a  direct-view  kinetOBcope,  in  competition  with  the  muto- 
scope.  The  only  patent  disclosed  in  my  search  containing 
claims  that  would  appear  to  embarrass  us  in  any  way  is  the 
patent  to  Armat,  ITo.  673,992,  dated  May  14th,  1901.  This  Armat 
patent  shows  practically  the  same  feed  movement  in  a  project¬ 
ing  machine,  having  a  long  period  of  illumination  apd-flith  a 
slack  formed  in  the  film  between  the  exposure  opening  and  the 
upper  feed  wheel.  The  olairaB  of  the  Armat  patent  are,  however, 
not  limited  to  the  eccentric  fej|ii  device,  and  if  any  of  these, 
claims  is  infringed  by  the  proposed  direct  feed  kinetOBcope, 
the  same  claims  would  be  just  as  certainly  |kfrlnged  by  the  ; 


projecting  machines  which  we  have  put  out  for  many  yearn 
past.  The  application  for  the  Armat  patent  was  filed  Febru¬ 
ary  19th,  1896  and  the  patent  was  not  issued  until  May  14th, 
1901.  During  this  period,  the  Edison  Manufacturing  Company 
began  to  manufacture  projecting  kinetoscopes  practically  like 
those  now  used,  and  this  business  haB  been  continued  without 
interruption  ever  since.  If  Araat  believed  that  these  machines 
made  and  sold  by  the  Edison  Manufacturing  Company  infringed' 
his  patent,  it  was  incumbent  upon  him  to  establish  his  rights 
as  soon  as  the  patent  issued.  This,  he  failed  to  do,  and  in 
my  opinion,  he  could  not  now  succeed  in  establishing  this  pa¬ 
tent,  as  against  our  machines,  even  if  he  ever  contemplated 
doing  so.  Apparently,  however,  Armat  never  regarded  the  patent 
in  question  as  of  sufficient  solidity  to  warrant  a  suit  there¬ 
on,  and  I  think  it  very  clear  from  an  examination  of  the  history 
of  the  application,  and  particularly  of  the  interference  with 
Latham  and  easier,  in  which  thiB  application  was  involved,  that 
any  novelty  and  invention  in  the  patent  rest  on  a  very  vague 
and  shadowy  foundation.  iRhether  Armat  haB  finally  and  definite¬ 
ly  given  up  any  idea  of  bringing  suit  on  this  patent  is  unim¬ 
portant,  because  in  my  opinion,  he  could  never  prevail  against 
us  on  the  machines  which  we  have  been  continuously  putting  out 
for  the  past  eight  or  ten  years. 

The  question  then  is,  would  the  situation  be 
changed  if  we  should  put  out  an  additional  type  of  machine, 


No.  3  -  W.K.G. 


identical  with  the  specific  apparatus  disclosed  in  the  patent? 

As  I  have  before  said,  the  claims  of  the  patent  are  not  limit¬ 
ed  to  the  particular  feed  mechanism  shown,  hut  are  broad 
enough  to  o$ver  any  and  all  forms  of  intermittent  feed  mechan¬ 
ism.  Would  it  be  possible  for  Armat,  should  we  put  out  the 
proposed  machine,  to  brine  suit  against  us  and  assert  that  his 
patent  should  be  considered  as  limited  to  an ’eccentric  feed? 

In  my  opinion,  this  could  not  be  effectively  done,  firBt,  be¬ 
cause  under  the  authorities,  the  courts  carihot^,  in  construing 

"  -iS  '  l 

o.  patent,  practically  re-construct  the  claims,  which  would  be 
necessary  if  the  patent  were  regarded  as  being  limited  to  an 
eccentric  feed  movement,  and  second,  because  during  the  prosecu¬ 
tion  of  his  application,  Armat  presented  a  claim  covering 
"a  rotating  element  adapted  to  intermittently  engage  and  move 
the  film  a  prede|miafined  distance  once  during  each  revolution" 
which  claim  was  rejected  on  patent  to  Demeny,  No.  544,480, 
dated  August  13,  1895,  whereupon  the  claim  was  erased.  Under 
these  circumstances  Armat  must  be  held  to  have  abandoned  any 
claim  on  the  eccentric  feed  mechanism,  and  he  would  be  estopped 
from  asserting  any  construction  for  hiB  claims  that  would  spe¬ 
cifically  cover  Buch  a  feed  meohanism. 

In  conclusion,  therefore,  1  am  of  the  opinion 
that  the  proposed  machine  can  be  safely  put  out,  without  infring¬ 
ing  any  existing  patents.  I  will  suggest,  however,  in  the 


No.  4  -  W.E.G, 


event  that  thin  matter  is  gone  ahead  with,  it  might  be  well 
to  file  an  application  for  a  patent  on  the  machine  when  its 
final  form  has  been  dei&nnined. 

Yours  very  truly, 


I’ll)  Ark. 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Foreign  Films 

This  folder  contains  correspondence  and  other  documents  relating  to 
copyright  issues  and  kinetoscope  films  purchased  in  Europe  for  duplication  in 
the  United  States.  The  documents  are  from  1 904.  Most  of  the  letters  are  written 
by  Frank  L.  Dyer  of  the  Legal  Department  and  patent  attorneys  Bacon  &Milans 
of  Washington,  D.C.  Some  of  the  items  contain  descriptions  of  specific  films 
from  the  Warwick  T rading  Co.,  Ltd. ,  of  London  and  Pathe  Freres.  Also  included 
is  correspondence  concerning  a  suit  filed  by  the  American  Mutoscope  & 
Biograph  Co.  against  the  Edison  Manufacturing  Co. 

All  of  the  documents  have  been  selected. 


» 


Vie  have  to-day  received  four  (4)  films  from  Europe  titles 
Canting  &  Courting" 

of  vfaich  are  "Smoked  Out", "Duck  Hunt", A  ana  "Capture  and  Execution 
as  Spies  of  two  Japanese  Officers".  We  wish  to  make  negatives  of  these 
films,  hut  before  doing  so  would  request  you  to  ascertain  whether  or 
not  they  have  been  copyrighted  i*j  this  country. 

(W.S.T)  J.  H.  N. 


June  1,1904. 


Messrs.  Bacon  &  Ml Ians,  . 


Washington,  DiC; 


I  have  on  hand  fbur  films  for  use  In  kinetoscopes , 
which  were  obtained  abroad,  and  I : wish  to  ascertain  whether  or  not 
any  of  them  have  been  copyrighted^ in  this  country.  1  will  therefore 
give  you  a  short  description  of /.the  pictures  on  these  films,  and 
request  that  you  make  a  seach  covering  the  titles  of  all  films 
copyrighted  in  this  country  during  the  past  six  monthB.  Unless 
there  iB  some  way  of  distinguishing  such  films  from  other  photo¬ 
graphs,  it  may  be  necessary  for  you  to  search  through  the  titles  of 
all  photographs  copyrighted  withih  this  period. 

The  first  film  is  entitled  "Smoked  Out".  A  country  girl 
appears  upon  the  scene  with  a  tin  bucket,  which  Bhe  sets  down  by 
a  well  or  tank  of  water.  A  young  man  enters  and  they  sit  on  on  a 
convenient  bench  and  indulge  ifn  kissing,  etc.  Somebody  is  seen, 
or  heard, approaching,  and  the  yoyng  man  conceals  himself  in  a  hay¬ 
stack.  The  somebody  appears  oji  the  scene  and  is  an  older  nian 
dressed  as  a  countryman,  and  probably  is  the  girl's  father.  He 
sits  down  on  the  bench,  lights/  his  pipe  and  throws  the  match  where 


•  f 

Ho.  2  He ears.  Bacon  &  Milana. 

it  ignites  the  hay.  Clouds  of  smoke  arise  and  the  young  man  is 
smoked  He  rushes  to  the  tank  and  jumps  in,  and  the  smoke 

continues  to  arise.  After  he  gets  out  of  the  tank  he  grapples 
with  th8  father,  and  the  fire  in  his  clothing  1b  finally  smothered. 

The  second  film  is  entitled  "Tramps  Duck  Hunt",  and  the 
picture  consists  in  two  ragged  tramps  chasing  a  live  duck.  They 
chase  it  first  from  a  farm  yard  down  the  road,  the  duck  constant¬ 
ly  eluding  them,  and  the  trumps  constantly  falling  over  rocks 
and  over  each  other.  The  road  gets  very  rocky,  and  the  duck 
finally  takes  to  th^.  woods,  and  than  to  a  brook,  into  which  the 
tramps  plunge  and; continue  the'  chase,  finally  going  over  a  little 
water-fall  and  getting  thoroughly  soaked  with  water. 

The  third  film  i3  entitled  "Courting"  and  shows  a  stylish¬ 
ly  dressed  couple  sadiitexjingj.algng^a ;handsome  street.  The  man 
steps  to  the  curb  and  signals' a  han^omr.vj ;  the  couple  get  into  the 
cab  and  drive  off.  The  man  kishes  the  girl,  and  then  puts  lip  an  • 
umbrella  in  front  of  them  .continuing  the  drive  concealed  in  this 
manner.  This  portion  of  thef f ilm  •  ends  with  the  word  "Caught"  in 
large  letters.  The  next  scene  shows  a  closed  oarriage  driving 
towards  the  spectator ;it  stops  and  a  couple  get  out,  together 
with  Bight  or  nine  small  children!  of  different  sizes.  The  cab¬ 
man  evidently  holds  the  mail. '|pj  for  an  exorbljtairt  fare,  and  they 
have  a  little  rumpus,  V  ^ 

The  fourth  film  is  britiiled.  "The  Capture  and  Kxecution 
As  Spies  of  Two  Japanese  Officers".  There  are  two  JapB  disguised 
as  coolies,  who  appear  on  the  scene,  the  background  of  which  is 


* 


ITo.  3  Messrs.  Bacon  &  Milano. 

a  freight  ear  or  train  on  a  railrotu|  track.  They  crawl  under  the 
care  and  disappear.  The  Russian  soldiers  enter  and  sentries 
are  posted  hy  the  train,  only  one  sentry  being  visible  after  the 
squad  has  disappeared.  The  Japs  seise  an  opportunity  when  the 
sentry’s  back  is  turned  to  climb  into  the  freight  c&r.  As  the 
sentry  passes  they  jump  on  him,  throw  him  to  the  ground,  apparent¬ 
ly  killing  him.  They  take  off  his  clothing  and  one  of  the  Japs 
in 

puts  it  on,  this  way  disguising  himself  as  a  Russian  soldier. 

They  get  into  the  car  again  and  as  another  sentry  comes  along, 
they  jump  on  hira  and  tie  him  up  against  the  car,  they  then' put 
sticks  of  dynamite  under  the  track,  light  them  and  run  off.  The 
Russian  soldier  kicks  at  the  burning  fuse  and  a -crowd  of  Russian 
soldiers  come  running  in  and  prevent  the  explosion.  The  next 
seines  show  the  pursuit  of  the  Japs  and  their  capture.  The  Japs 
run,  followed  by  a  crowd  of  Russians,  and  take  refuge  upon  a  pile 
of  wood,  from  which  they  are  easily  di sloggdd'  and  are  marched  away. 
Then  follows  a  Court  Martial,  before  three  officers,  in  which  the 
Japs  appear  in  j|ff  leers*  uniform.  Tho  execution  follows,  the  Japs 
standing  side  by  side,  facing  the  audience  and  the  firing  squad 
being  between  the  Japs  and1 the  audience  With  their  backs  towards 
the  latter.  The  first  volley  kills  one  officer,  but  only  wounds 
the  other,  so  that  n  second,  volley  is  given.  The  Japs  are  then 
placed  in  shallow  graves  and  buried. 

The  films  entitled  "Smoked  out"  and  "Courting"  are  marked 
"Copyright  Warwick  Trading  Company,  ltd.  London".  The  film  entit- 


t  ,  r 

Ho.  4.  Messrs, *  Bacon  &  Milans. 

led  "Buck  Hunt,'1  is  marked  "Sheffield  Photo  Company*.  Norfolk  Street, 
Sheffield".  /  The  .Tap ana se  Spy  |.ilm  is  marked  "Paul,  68  High-hol- 
horn,  Xjondoh" . 

You  will  have  to  use  your  J  Judgment  as  to  whether  any  of 
the  titles  of  copyrighted  films  arc  such  as  would  appropriately 
be  applied  to  the  series  of  pictures  such  as  1  have  described. 

An  early  reply!  is  desired,  as  films  of  this  description  lose  inost 
of  their  valu4  unless  used  at  onoe. 


m /!&£.. 


Yours  very  truly, 


.^^c\ 

Nnr 


BACON  «fe  MTLiANS. 
ATTORNEYS  AND  SOLICITORS  IN  PATENT  CAUSES, 
NO.  908  G  STREET,  NORTHWEST. 

(ROOMS,  410-416.) 


WASHINGTON,  D.  O . JUtlS...  2nd ,  ...19Q4 ... .... 


■prank  L.  Dyer,  Esq., 

0  r  a  n  g  e/  H.  J. 

Dear  Sir:- 

We  are  in  receipt  of  your  favor  of  the  1st  inst., 
requesting  us  to  ascertain  whether  certain  Kinetoscope  films 
have  been  copyrighted  in  this  country.  We  called  today 
at  the  office  of  the  Registrer  of  Copyrights  relative  to 
this  matter  and  he  informed  us  that  there  was  in  his  office 
an  index  of  the  claimants  for  copyrights  and  that  he  would 
have  a  search  made  therethrough  for  the  purpose  of.  ascer_ 
taining  whether  any  of  the  parties  referred  to  in  your  letter 
had  secured  within  the  last  six  months  copyrights  on  kineto¬ 
scope  films,  such  as  those  described  by  you.  He  made  such 
a  search  and  informed  us  that  none  of  the  parties  mentioned 
in  your  letter  had  secured  any  such  copyrights.  The 
Registrer  informed  us  that  this  was  in  his  opinion  very 
good  evidence  that  these  films  had  not  been  copyrighted. 

He  stated,  however,  that  if  we  were  so  disposed  we  could  ex¬ 
amine  all  of  the  films  which  have  been  filed  within  the  last 
six  months.  V/e  informed  him  that  we  desired  to  make  every 
effort  to  ascertain,  v/hether  or  not  the.se  films  had  been  copy¬ 
righted  and  he  has  arranged  matters  so  that  v/e  can  get  at  the 
specimen  films  tomorrow  morning.  Although  v/e  presume  that 


. June  2 , . 1904. 


this  matter  will  take  some  little  time,  since  we  have  been 
informed  that  a  very  large  number  of  films  have  been  filed 
within  the  last  six  months,  we  will  endeavor  to  report  to 
you  the  results  of  our  search  tomorrow  evening. 

Yours  very  truly, 


Dict.H-D. 


June  3,1904. 


Messrs.  Bacon  &  Milans, 

908  -  G  Street, 

Washington,  D.C. 

Gentlemen:- 

Your  favor  of  the  2nd  inst.  at  hand.  The  fact 
that  no  films  have  been  copyrighted  by  any  of  the  parties  men¬ 
tioned  in  our  letter  would  not  be  conclusive  in  regard  to  the 
non- copyrighting  of  the  films,  as  it  frequently  happens  that 
American  dealers  purchase  the  copyright  privileges  for  this 
country  and  apply  in  their  own  name  as  proprietor.  However, 
ydur'dsaarbh  will  settle  the  matter  one  way  or  the  other. 

I  should  have  stated  in  my  first  letter  that  there  is 
very  little  profit  in  making  suoh  jjTilms  as  these,  as  only  a 
few  may  be  sold,  and  would  therefore  request  that  the  expense 
be  kept  down  as  much  as  possible. 

Yours  very  truly. 


DH/ARK. 


BACON  &  MILANS. 
ATTORNEYS  AND  SOLICITORS  IN  PATENT  CAUSES, 
NO.  908  C  STREET,  NORTHWEST. 

(ROOMS,  410-415.) 


. June  3rd ,  1904. 


Prank  1.  Dyer,  Esq., 
Or  a  n  g  e ,  II.  J. 
Dear  Sir:- 


Ve  have  today  spent  considerable  time  aVlBi.^''’' 
Congressional  library  in  making  an  examination  of  the  Kineto- 
scope.  films  which  have  been  filed  there  for  the  purpose  of 
securing  copyrights,  and  have  in  fact  examined  eve ry  film 
which  has  been  filed  within  the  last  six  months  but  have 
been  unable  to  find  any  which  conform  to  the  description  of 
the  films  given  in  your  letter  of  the  first.  Owing  to  the 
manner  in  which  the  films  are  kept  we  did  not  examine  the 
pictures  on  the  films  themselves,  but  merely  the  titles 
stamped  thereon.  If  we  had  found  any  titles  which  would  sug¬ 
gest  that  the  films  contained  any  such  pictures  as  those  de¬ 
scribed  in  your  letter,  we  would  have  examined  the  films  them¬ 
selves,  but  we  found  no  such  films.  We  were  assisted  in  our 
search  by  a  clerk  detailed  by  the  Registrer  of  Copyrights. 

Very  truly  yours, 


Dict.H-D. 


[ATTACHMENT! 


AMOUNT  CHARGED, 

ft 

'■Date 

Attorneys. . ^ AOgXy/. _ 

Items . j5”0 . 

. f^VU/L.  JvmJ/U _ 

. 


-jro 

~ 

BACON  &  Ml  LANS. 


Moving  Picture  Copyrights. 


June  4,  1904. 


John  R.  So^armerhorn,  Esq. , 

EdiBOn  Mfg.  Company, 

Orange,  N.J. 

Dear  Sirt- 

As  you  know,  the  Biograph  Company  has  an  arrange¬ 


ment  with  one  or  more  foreign  film  manufacturers  hy  which  that 
company  ha3  an  option  to  copyright  in  this  country  any  films 
manufactured  abroad,  the  arrangement  being  such  that  the  foreign 
manufacturer  agrees  not  to  publish  the  film  abroad  until  the 
Biograph  Company  has  secured  the  'copyright  in  this  country.  Re¬ 
cently  the  Biograph  Company  sued  the  Edison  Mfg.  Company. for 
infringement  of  copyright,-  and  upon  looking  into  the  matter  I 
found  that  the  film  which  we  were  gelling  waB  a  duplicate  of  a  - 
foreign  film  sent  us  by  Mr.  TOiite,  and  which  apparently  was  not 
copyrighted.  As  a  matter  of  fact,  this  film  was  copyrighted  in 
this  country  by  the  Biograph,  |ompany,  so  that  on  the  face  of  j 

things  we  have  no  defence  at  all,  although  of  course  our* in-  I 

fringement  was  innocent  and  we  cannot  be  subject  to  damages. 

i  Yesterday  1  had'  a  conference  with  the  attorney  for  the 
Biograph  Company,  and  explained  the  situation  to  him  and  assured  ^ 


-v 


Ho.  2  -  Jho.  R.  Scheraerhom,  Esq. 

ft  ; 

him  that  the  manufacture  of  the  infringing  film  would  he  dis¬ 
continued  hy  us.  |At  the  Bame  time,  however,  this  thing  is  likely 
to  happen  repeatedly,  as  it  is  very  difficult  and  more  or  less 
unoertain  for  us  to  assure  ourselves  that  any  foreign  films  that 
we  wish  to  oopy  here  may  not,  in  fact,  he  copyrighted  in  thiB 
country.  I  therefore  made  the  suggestion  that  if  the  Biograph 
Company  would  advise  us  of  all  films  whioh  it  copyrights  in  this 
country,  we  in  turn,  would  advise  them  of  all  films  whioh  we 
copyright,  AB./of  course  they  have  no  more  desire  to  get  into 
copyright  litigations  than  we  have.  In  making  this  suggestion, 
however, /I  was  careful  to  say  that  it  did  not  oome  from  my  olients 
and  may  not  he  approved  hy  them.  1  wish  you  would  advise  me  on 
this  point,  in  order  that  I  may  know  how  to  aot  in  oase  the  Bio¬ 
graph  Company  is, disposed  to  ad|pt  the  suggestion. 

Yours  very  truly, 


ELD/ARK. 


•  # 


Mr.  Moore:-  j 

I  return  the  boxes'^  of  films  submitted  to  me,  and. 
find  nothing  on  them  indicating  that  they  have  been  copyrighted 
in  this  oountry,  although  the  films  made  by  the  Warwick  Trading 
Company,  I.td«  appear  to  have  been  copyrighted  in  Great  Britain. 

I  see' no  reason  therefote,  why  you  should  not  duplicate  these 
films ,  with  the  understanding  that  you  should  save  .at  the  intro¬ 
ductory  part  of  each  and  ahout  a  foot  of  the  pictures,  of  course, 
if  it  should  later  develop  that  any  of  these  films  have  been 
copyrighted  in  this  country,  we  will  have  to  stop  making  them. 

I  notice  on  the  Paths  films  the  Booster  trademark,' 
which  of  course  must  not  he  imitated.  ' 

BRK.  P.B.B. 

June  6,  1904.  ,  . * 


June  6,  1904, 


J.  H.  Maultyj  Esq., 

Edison  Manufacturing  Co., 

Orange,  IT.  J. 

Dear  Sir : +  ! 

-  ■  /  In  response  to  your  letter  of.  May  28th,  1904,  con¬ 

cerning  ^  four  filajpi’ entitled  "Smoked  Out",  "Duck  Hunt",  Canting 
and  Courting'?  and  "The  Capture  and  Execution  as  Spies  of  Two  Jap¬ 
anese  Officers",  I  have  had  a  search  made  at  the  office  of  the 
Registrar' of  Copyrights,  which  included  the  titles  of  all  films  copy? 
righted  within  the  last  six  months.  The  search  disclosed  no  film 
having  a  .title  which  would  he  appropriate  to  either  of  the  films 
in  question,  or  which  would  suggest  that  the  copyrighted  films  con¬ 
tain  any  such  pictures  as  those  upon  the  four  said  films.  There 
appears  to  hp  no  reason,  therefore,  why  you  should  not  proceed  to 
copy  the  films. 


DH/ka. 


Yours  very  truly, 


T 


Duplicating  foreign  Eilms. 


June  6,1904 


Alex.  T.  Moore,  Esq,, 

Edison  Hfg.  Company, 

Orange,  U.  J. 

Dear  Sir:- 

As  I  advised  you  personally  this  morning,  it  is  al¬ 
most  impossible,  except  at  a  large  expense,  to  determine  with  cer¬ 
tainty  what  foreign  films  may  be  copyrighted  in  this  country  by  our 
competitors.  In  fact,  the  expense  of  such  a  search  in  every  case 
would-be  simply  prohibitive.  There  is,  therefore,  always  the  risk 
that  some  film  which  may  be  purchased  in  Eondon  by  Mr.  White  may  be 
copyrighted  in  this;  country  by  the  Biograph  Company.  That  is  a 
ri^|  v/hich,  so  far  as  I  can  see,  vre  will  have  to  take. 

i  renew  my  suggestion,  however,  that  in  the  case  of 
each  foreign  film  which  we  may  duplicate  you  save  the  copyright 
mark  and  say  about  a  foot  of  the  film,  in  order  that  there  may  be 
no  mistake  as  to, the  subject  matter.  The  rest  of  the  film  may  then 
be  sold  to  Mr. '/Waters.  If,  after  this  precaution,  v/e  find  that 
the  Biograph  Qo.  has  in  fact  copyrighted  any  film  which  we  have  been 
duplicating,  jvq  can  simply  stop  duplicating  the, copyrighted  film. 


Yours  very  truly. 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Lubin,  Sigmund 

This  folder  contains  correspondence  and  other  documents  relating 
primarily  to  the  use  of  the  trade  names  "Universal"  and  "Exhibition"  on 
projecting  machines  produced  by  Philadelphia  manufacturer  Sigmund  Lubin. 
The  selected  items  are  from  1904. 


Approximately  40  percent  of  the  documents  have  been  selected. 


Edison  Manufacturing  Company: 


\; 


Mr.  S.  Xubin, 

2X  South  8th 'Street, 

Philadelphia,  Pa. 

-•  Dear  Sir:-  < 

I  ifa  informed  that  you  advertise  your  projecting 
machines  with  the;  trade  names  "Universal"  and  "Exhibit ion1'  respect¬ 
ively,  the  formeri  being  the  cheaper  machine.  ,\ 

1/  Tjieg  to  call  your  attention  to  the  fact  j;hat  the 
Edison  Manufacturing  Company  adopted  these  trade  names  f or , the 
identification  Of  its  own  projecting  machines,  and  that  Company, 
also  charged; less  for  its  "Universal"  machine  than  for  its'  "Exhi¬ 
bition"  machine ,  ‘  .  There  are  so  many  other  names  which  you  could 
sdltact  Without  conflicting  with  my  client *s  interests,  !that  I  can 
regard  yovxj'  appropriation  of  these  trade  names  as  nothing  less  than 
unfair  competition.  I,  therefore,  request  that  you^desist  from, 
using  these  trade  names,  and  unless  you  immediately  advuse  me  that 
this  will  fie  (lone ,  I  shall  proceed  against  you  with  a  suit  for  ' in¬ 
junction!  and  damages.  ...  v  ' • 

•!■'■.  :  ; 

Yours  very  truly,  / 

•  •»  ,  •  . 

Counsel  Edison >Mfg.  Co. 


,4  ■ 

■  , 


NO  COPY.  ORIGINAL.  ORIGINAL.  NO  COPY. 

The  Great  Train  Robbery, 

Hi  MOST  BltSTIO  1M  MIST  imilt  fflllf. 

A  GREAT  MONEY  MAKER,  A  HIT  WHEREVER  SHOWN. 

.  This  picture  is  developed  by  our  new  process, -and  is- clear 
listmct,  beautiful  in  scenery,  and  excellent  in  photography.  It  is-  ai 
...surpassed  film  in  subject;  and  beauty.  Although  it  cost  us  nearly 
?1.j  00  .,t,°  'produce  this  ereat  P‘ct“re,:  we  will  not  raise'  the  price 
and  will  sell  it  ,  -  ;  ", 

★  600ft.  -  -  -  ■  $66  ★ 

>Ve  are  so  thoroughly  convinced  that  this  film  will  give  perf  cl 
-  satisfaction  that  we  defy.the.most  critical  test'  “ 

4  ȣW  SUBJECTS  FROM  THE  BUSSIi!H-J*PilNESrkB 

The  CINEOBRAPH,  with  STEREOPTICON  COMBINED. 

•  '.UNIVERSAL  MODEL,  $50.  •.  - 

EXHIBITIONMODEL,  °”MI  L'' aAKo'ius/1 ltlA^”jKV^YA\nASffi"K^™TAT,$751,,; 

S3»i.  ■  LTJBT1V  largest  manufacturer 

L  ■  I  ^1  9  IN  THE  WORLD, •••; 

.21  S.  Eighth  Street,  Philadelphia,  p^; '  ‘ . 


18  People. 

No  Theatre  Scenery  Used. 

Touring  in  Our  Own  Private  Two  Cars. 
Wanted:  Season  38  Woeks, 

Two  Heavies— Man  and  Wire. 

[wo  Characters— Man  and  Wife. 

|ne  Comedian— White  Face, 
peral  Stock  People,  write,  | 

BRiVEB,  SAM  A.  VOOIIIIEKS.  I 


■ried  Attraction 


rrmnfnn  REMov^- 

FtlNDERG  The  Photographe 

AFTER  JULY  I,  ,904| 

No~  1343  BROA:  -V/ AY i 


S.  Lubin 

MANUFACTURING  OPTICIAN 

iNVacN'TOIl  AND  Patentee  of 

Moving  Picture  Machines  and  Films 

21  S.  EIGHTH  STREET 

PHIIiABELTPHrA.  Pa..  .Tilly  1QQ4, _ 190 


Frank  1.  Dyer, 

Orange,  N.  J. 

Dear  Sirt- 

Your  letter  of  July  14th,  received.  I  have  forwarded  the 
same  to  Mr.  Luhin  who  is  at  the  present  time  at  the  St.  Louis  Exposition. 
After  his  return  he  shall  communicate  with  you  concerning  the  matter. 

Yours 


Edison  Mfg.  Company, 


July  19,1904, 


S.  Dubin,  Esq., 

21  South  8th  Street, 

Philadelphia,  Pa. 


Dear  Sir:- 

I  am  in  receipt  of  a  letter  from  Doctor  Bear 
of  the  18th  inst.  informing  me  that  Mr.  Butin  is  at  present  in 
St.  Xouis.  Can  you  advise  me  when  he  is  expected  to  return? 

Of  course,  X  do  not  wish  to  he  unduly  insistent  in  this  matter, 
tut  at  the  same  time,  3inoe  in  my  opinion,  our  rights  are  being 
infringed,  I  think  that  the  question  should  te  considered  ty  him 
with  reasonable  promptness. 

Tours  very  truly. 


eld/ahk. 


Counsel  for  Edison  Mfg.  Company. 


aft. 


s. 


Lubin 


MANUFACTURING  OPTICIAN 


Moving  Picture  Machines  and  Films 

21  S.  EIGHTH  STREET 


Philadelphia.  Pa - Iuljc_30^_19Q< 


.190 


'J?ranK  1.  nyfler, 

Orange,  N.  J. 
near  sir:- 


In  answer  to  your  letter  of  juitf  19th. ,  we  want  to  say  that 
tfe  Expect  Mr,  Lubin  the  first  part  of  next  week  when  we  will  Using 
the  matter  before  him.  You  will  then  hear  further  frbra  us* 

In  the  meantime,  we  remain  i 


ALL  ORDERS 


Franfc  L.  Dyer, 

Orange,  3t.  ,U 
Dear  Sir:- 


In  nnawe*  to  70 nr  lector  <&'  $j%i9J3t*,  X  wish  to  say  that 
Mr.  tolhin  has  not  retttttflSA  htfi  feld*  positively  whan 

I  win  Bee  him  hut  to  *m4  *bSr^|#ai'  «tta*i^l^ntaf  U*  to  his  ration, 

1  Qtm&xi  the  names  «r  <x&  ts&j&xto  sw?  fct  this  wash's  Clipper. 

Alter  Mr.  Ittbia  hgg3**!jOj^  lhtye*  has  been  consulted 

as  to  the  validity  of  ymnr  data,  ^jit|  t^ll  tye#?  fjpom  h»  again. 

In  the  meantime,  we  yxto&pt 


August  8,  1904 

Edison  Manufacturing  Co: 

Mr.  S.  Iiiibin, 

21  South  8th  Street, 

Ehiladelphia,  Pa. 

Dear  sir:- 

Returning  to  my  office  to-day,  I  find  your  letter  of 
the  29th  ult.,  advising  me  that  you  have  changed  the  names  of  your 
machines,  and  I  thank  you  for  your  prcmpt  compliance  with  me  request 
in  this  matter. 

Yours  very  truLy, 

ELD/fel. 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

Mutoscope  and  Related  Patents 

This  folder  contains  correspondence,  patents,  drawings,  and  other 
documents  relating  to  the  kinetoscope,  the  mutoscope,  and  additional 
machines  for  filming  and  exhibiting  motion  pictures.  The  one  selected  item  is 
a  1905  letter  from  Frank  L.  Dyer  to  Alex  T.  Moore,  manager  of  the  Kinetoscope 
Department  of  the  Edison  Manufacturing  Co.  The  letter  concerns  the 
company's  plans  to  manufacture  "a  moving  picture  exhibiting  machine  similar 
to  the  mutoscope  for  use  in  combination  with  the  phonograph"  and  possible 
infringements  of  the  patents  of  other  inventors. 

The  unselected  material  consists  primarily  of  approximately  thirty  U.S. 
patents  pertaining  to  the  kinetoscope,  the  mutoscope,  and  other  machines. 
Most  of  the  patents  were  issued  to  inventors  in  the  United  States,  including 
Herman  Casler,  Henry  O.  Costello,  Warren  B.  Davis,  William  K.  L.  Dickson, 
Charles  T.  Ellsworth,  C.  Francis  Jenkins,  Grace  L.  Jenkins,  Harry  N.  Marvin, 
Enoch  J.  Rector,  and  Lawrence  P.  Thompson.  Also  included  are  patents 
issued  to  European  residents,  such  as  Auguste  and  Louis  Lumiere  of  France; 
William  S.  Simpson  and  Henry  W.  Short  of  Great  Britain;  and  Oskar  Messter 
of  Germany. 


•VK.  :  yw 


Nov.  20,1905. 

Alex.  T.  Moore,  Esq., 

Mgr. -Kinetosoope  Dept.,  Edison  Mfg.  Co., 

Orange,  N.J. 

Dear  Sir:- 

ln  accordance  with  your  request  1  have  lookeji| 
into  the  matter  of  the  Mutoscope  patents  for  the  purpose  of 
advising  you  whether  the  company  could  manufacture  a  moving 
picture  exhibiting  machine  similar  to  the  mutoscope  for  use 
in  combination  with  the  phonograph  without  infringing  any 
existing  patents. 

The  question  is  not  as  simple  and  as  free  from 
doubt  as  1  expected  that  it  would  be.  As  1  explained  to  you, 
the  broad  idea  of  rapidly  and  successively  bringing  a  series 
of  cards  with  photographs  thereon  into  view,  was  disclosed 
in  the  patent  to  Sellers,  No.  31,357,  dated  February  5th, 1861. 
While  the  idea  of  mounting  the  pictures  on  a  series  of  closely 
assembled  cards  which  are  exposed  by  flexing  the  cards  rear- 
wardly  and  permitting  them  to  escape  successively  and- pass  out 
of  the  field  of  ;j|iew  by  reason  of  their  resiliency  is  disclosed 
in  patents  to  Van  Hoevenbergh,  No.  258,164  of  May  16th,  1882, 
and.  259,950  of  June  20th,  1882,  copies  of  which  are  enclosed. 


No.  2  -  Alex.  T.  Moore,  Esq. 

I  find,  however,  that  aB  a  result,  of  my  examination,  existing 
patent?  practically  cover  all  fonnB  of  mutoscope  arrangements 
in  which  the  photographic  cards  are  mounted  on  a  reel,  drum 
or  shaft,  as  distinguished  from  an  endless  belt. 

For  example,  the  Earnum  patent,  No.  547,066,  October 
1,  1895  (copy  enclosed),  covers  an  arrangement  in  which  the 
photographs  are  secured  to  a  drum  or  shaft  by  a  resilient  con¬ 
nection  which  moves  the  photographs,  and  when  released , quickly 
across  the  field  of  view.  With  this  arrangement,  the  photographs 
are  not  flexed,  but  remain  perfectly  flat. 

The  Casler  patent,  No.  549,309  of  November  5th, 

1895  (copy  enclosed)  covers  an  arrangement  in  which  the  photo¬ 
graphs  are  radially  mounted  on  a  drum  or  shaft,  and  their 
elasticity  is  relied  upon  to  move  them  past  the  field  of  view 
when  successively  released. 

The  Casler  patent,  No.  597,759  of  January  25th, 1898 
(copy  enclosed)  covers  an  arrangement  in  which  the  movement 
of  the  pictures  past  the  field  of  view  is  effected  by  inte|^^ 
ing  thin  flat  springs  between  the  successive  photographs. 

Re-isBue  patent  to  Chance,  No;  11,650  of  Eebruary 
15th,  1898  (copies  of  which  are  exhausted)  covers  an  arrange¬ 
ment  in  which  the  picture|cards,  instead  of  being  secured  radial- 
ly  to  a  shaft  or  drum,  are  secured  tangentially  thereon. 

The  Gillette  patent  No.  696,869  of  April  1,  1902, 
(copies  of  which  are  exhausted)  covers  an  arrangement  in  which 
the  photographs  are  mounted  perpendicular  on  the  Bide  face  of 


a  disc , 


No.  3  A.T.M. 


It  seems  to  me  that  the  several  arrangements  which 
are  thus  covered  by  the  patents  above  referred  to,  practically 
include  all  the  available  schemes  for  mounting  the  photographs 
on  drums  or  diBcs,  although  perhaps  Mr.  Weber  or  Mr.  Aiken 
may  be  able  to  suggest  a  construction  sufficiently  different 
from  those  of  the  patents,  as  not  to  be  included  in  the  scope 
of  the  claims.  It  is  also  possible  that  aB  a  result  of  a 
further  examination,  I  might  conclude  that  the  patents  above 
referred  to  are  not  valid,  and  that  various  arrangements  in 
which  the  photographs  are  secured  to  drums  or  shafts  could  be 
safely  used,  but  to  do  that  would  involve  considerable  expense 
and  the  matter  would  not  be  >.  definitely  settled  except  by  liti¬ 
gation,  which  we  should,  of  course,  avoid.  Assuming  the  pa¬ 
tents  to  be  valid,  their  claims  would,  in  my  opinion,  prevant 
you  from  using  any  arrangement  in  which  the  photographs  are 
mounted  on  a  drum  or  shaft,  unless  as  I  have  stated,  Mr.  Weber 
or  Mr.  Aiken  can  produoe  a  device  differing  radically  from  those 
heretofore  employed. 

The  next  best  thing  to. do  in  my  opinion,  is  to 
carry  the  cards  on  &n  endless  belt,  and  this  can  be  safely  done.  : 
Of  course,  many  patents  have  been  granted  on  machines  of  this 
sort  following  the  original  Sellers  patent  of  1861,  and  before  ; 
putting  out  a  machine  suggest  that  a  further  examination  be 
made  to  satisfy  ourselves  that  claims  on  details  of  construction 
are  not  infringed.  Of  the  many  patents  which  I  have  examined,  .5 
I  have  selected  the  following  as  disclosing  structural  features 
which  might  inadvertently  be  used,  but  which,  of  course,  Should  ft; 
be  carefully  avoided:-  ' 


No.  4  -  A.T.M. 


The  Dickson  patent  No.  636,500  of  November  7th,  1899, 
(copy  enclosed)  showing  specifically  a  belt  machine,  covers 
an  arrangement  in  which  two  stops  are  employed,  one  of  which 
successively  releases  the  pictures  and  the  other  of  which 
successively  arrests  the  pictures  flatwise  in  position  for 
observation.  This  arrangement,  you  will  note,  is  quite  differ¬ 
ent  from  that  disclosed  in  the  Casler  patent  No.  549,309,  in 
which  a  single  stop  is  used,  the  pictures  being  successively 
observed  before  being  released,  whereas  with  the  DickBon  patent 
the  pictures  are  successively  observed  after  being  released. 

The  Casler  patent,  No.  652,714  of  .Tune  26th,  1900, 
(copy  enclosed)  discloses  mechanism  for  controlling  by  a- cg'in 
the  operation  of  the  picture  carrier,  and  releasing  the  pic¬ 
tures  from  tension  at  the  end  of  the  operation,  and  particular 
care  shoijitdbe  taken  not  to  copy  any  of  these  features. 

The  KoopmanU  patent.  No.  713,312  of  November  11,  1902, 
(copy  enclosed)  covers  an  apparatus  in  which  a  number  of  lenses 
for  viewing  the  pictures  are  employed,  whereby  the  photographs 

can  be  observed  simultaneously  by  several  people. 

(copy  enclosed 

The  Warren  patent  No.  721,261  of  February  24th,  1903, 
covers  a  maohine  in  which  the  photographs  are  secured  to  an 
endless  belt  byrmaans  of  an  accordion  plaited  strip. 

The  Jerkins  patent  No.  779,364  of  January  3,  1905, 
(copy  enclosed)  covers  an  arrangement  in  whioh  the  photographs 
are  secured  in  position  by  an  elastic  cement. 

Although  I  have  drawn  your  attention  specifically  to 


a  few  patents  covering  const  motional  details  which  in  the 
designing  of  a  new  machine  might  otherwise  be  inadvertently 
copied,  kindly  bear  in  mind  that  there  are  a  large  number  of 
other  patents  containing  claims  on  other  details,  bo  that  in 
order  to  be  safe,  I  repeat  my  suggestion  that  after  you  have 
settled  on  the  form  of  machine  to  be  uBed,  you  submit  drawings 
of  the  same  to  me,  and  1  will  give  you  a  final  opinion  as  to 
whether  its  const  ruction  infringes  any  patents.  For  this 
purpose,  kindly  preserve  the  enclosed  copies  of  patents,  as  I 
have  no  other  copies  of  the  same. 


FLD/ARK. 


Yours  very  truly, 


Legal  Department  Records 
Motion  Pictures  -  Correspondence 

National  Waterproof  Film  Company 

This  folder  contains  correspondence,  agreements,  and  other  documents 
relating  to  a  waterproof,  protective  coating  used  on  films  manufactured  by  the 
Edison  Manufacturing  Co.  and  other  licensees  of  the  Motion  Picture  Patents 
Co.  The  selected  items  cover  the  years  1909-1910.  Most  of  the 
correspondence  is  by  Frederick  K.  Babson,  Walter  A.  Daniels,  and  Frederick 
B.  Thompson  of  the  National  Waterproof  Film  Co.  and  by  George  F.  Scull  of 
the  Edison  Manufacturing  Co.  and  Motion  Pictures  Patent  Co.  Some  of  the 
documents  relate  to  meetings  with  George  Eastman  of  the  Eastman  Kodak 
Co.,  Jeremiah  J.  Kennedy  of  the  American  Mutoscope  &  Biograph  Co.  and 
General  Film  Co.,  William  N.  Selig  of  the  Selig  Polyscope  Co.,  and  George  K. 
Spoor  of  the  Essanay  Film  Manufacturing  Co. 

Approximately  20  percent  of  the  documents  have  been  selected.  The 
unselected  documents  include  directors’  minutes;  financial  statements;  patent 
applications  and  drawings;  and  an  agreement  involving  Babson,  Daniels,  and 
Thompson. 


The  National 


Waterproof  Film  Company 

of  moving  picture  films  indefinitely  extended. 

:ess  prevents  rubbing,  scratches  and  wear. 

(Patent  applied  for.) 


Telephone  Kedzie 


2JJ5-2JI7  West  Adams  Street 


Chicago, 

March, 

29th, 

1909. 


Prank  L.  Dyer,  Pres., 

Motion  Picture  Patents  Co., 

New  York,  II.  Y. 

Bear  Sir:- 

We  assume  that  you  have  heard  of  our  process.  That 
you  may  know  all  about  it  we  suggest  that  you  have  ub  prepare 
a  reel  which  can  be  thoroughly  teBted  under  your  immediate 
supervision;  after  this  and  before  incorporating  our  bUBineBS 
and  its  patents  the  writer  would  oe  glad  to  spend  an  evening  with 
you  in  New  York.  It  is  possible  that  mutual  advantages  might 
result. 

We  are  in  no  particular  hurry,  except  as  to  sample  reel 
which  should  be  done  at  once  to  provide  ample  time  for  your  com¬ 
plete  investigation. 

Requesting  early  consideration,  and  reply,  we  remain 


Yours  very  truly, 

NATIONAL  WATERPROOF  F] 


■  ■  V-/\  l 

l  <  ~  -  'r/'^ 

,  i 

Prange,  li.J. ,  April  2,  1909.  1 

National  Waterproof  Film  Company, 

i  2115  We at  Adams  Street, 

i  Chioago,  111.  t 

Gentlemen:- 

Yours  of  the  29th  ult.  haB  been  reoeived  hy 

15r*  Dyer,  who  direote  me  to  soy  that  he  is  interested  of 

course  in  investigating  any  new  prooess  which  v/ill  im- 

prove  film,  but  that  he  does  not  understand  what  your 

prooess  does,  nor  what  you  would  like  to  have  him  do  in 

order  to  test  it.  Is  he  to  understand  that  you  wish  to 

have  a  film  sent  to  you  so  that  your  prooess  may  be  ap- 

’  .  ■  i 

plied  to  it,  or  do  you  submit  a  reel  to  be  tested  by  us?  ? 

Yours  very  truly. 

'  .  ? 

OIB/aHK.  Secretary,  ! 

1 

!i 

| 

i 

,  ,f . 

'  •  /  .  ' 

June  3,  1909 


W.D.  Daniels,  Iteq., 

National  Waterproofing  Film  Co., 

2116  V/est  Adams  Street,  . 

Chicago,  Ill. 

Tty  dear  to.  Daniels:- 

On  Tuesday  last,  a  seotion  of  non- 
inflammable  film  was  forwarded  to  you  for  to.  Thompson’s 
experiments.  I  hare  only  just  teen  able  to  interview  our 
Chemist  in  regard  to  the  acetate  of  cellulose  arri.  itB  boI- 
cents,  in  which  Ur.  Thompson  is  also  interested.  I  find 
that  this  ec et at e  of  oellulose  oannot  be  purchased  in  this 
country  and  is  quite  expensive,  but  our  Chemist  has  agreed 
to  make  up  some  and  coat  a  Beotion  of  film  with  it  to  ascer¬ 
tain  whether  or  not  it  is  practicable.  This  matter  is  of 
course  of  no.  great  urgency,  in  view  of  the  feet  that  non- 
inflammable  ffilra  will  not  be  on  the  market  for  sometime. 

In  regard  to  the- other  matters  to  v/hioh  you  wish¬ 
ed  me  to  call  Hr.  Dyer’s  attention,  I  am  unable  to  write  you 
very  definitely  at  this  time.  to.  Dyer  suggested  that 
either  he  or  I  would  again  oome  to  Chicago  in  a  short  time 
and  theBe  matters  oan  be  definitely  determined  then.  to. 
Dyer  suggests  that  while  it  would  be  proper  for  you  to  con¬ 
tinue  to  coat  film  for  independents,  you  should  be  very 


n 


V/.D.  Daniels,  Esq.'., 


careful  about  making  ary  definite  oontraot  with  Murdock. 

Yours  very  truly. 


GFS/AHK  . 


Assistant  to  Vice-President, 


I  hand  you  herewith  copy  of  an  agreement 
between  Dab son  and  Daniels,  which  waB  executed  by  them 
on  the  15th  inst.  1  also  hand  you  an  agreement  in  dupli¬ 
cate  between  Mr.  Edison  and  Babson,  which  has  been  signed 
by  Babson.  If  this  last  agreement  is  satisfactory,  Mr. 
Edison  should  execute  it  in  duplicate,  and  an  executed 
copy  should  be  sent  to  Mr.  Babson.  I  explained  to  Mr. 
Babson  that  you  had  not  seen  this  agreement,  so  “that 
if  there  are  any  points  which  you  think  should  be  changed 
it  may  be  readily  done. 

Ho  license  agreement  between  the  Edison  Company 
and  the  Y/aterproof  ing  Company  was  signed,  of  course,  but 
I  hand  you  herewith  a  proposed  agreement,  copy  of  which 
was  left  with  Daniels. 

Daniels  is  now  getting  bids  on  the  cost  of  making 
the  coating  and  drying  maohinery.  The Be  machines  as-  at 
present  designed  have  a  capacity  of  about  12  reelB  per 
day.  It  would  probably  be  best  for  the  Edison  ©ompany  to 
install  three  of  these  machines,  in  order  to  provide  for 
emergencies  and  the  possibility  of  the  machines  not 
running  steadily.  Mr.  Daniels  estimates,  and  I  agree  wilii 
him,  that  each  machine  will  cost  about  $500.  and  with  the 
air  pump  and  tank  necessary  for  a  Bet  of  three  mmchineB 
this  involves  an  investment' of  $1800.  for  the  Edison 


Company  plant.  Coating  material  at  the  present  time 
cost  them  about  §2.  a  gallon,  and  one  gallon  coats  four 
reels.  In  order  to  provide  for  the  aging  of  this  materi¬ 
al,  enough  should  he  mixed  to  he  at  least  one  month  ahead 
of  the  demand,  and  this  v/ill  involve  a  further  expenditure 
of  about  $300.  for  the  Edison  Company. 

The  pay-roll  of  the  Waterproof ing  Company  at  pre¬ 
sent  is  about  $125  .  a  week,  Daniels  and  Thompson  taking 
$15.  each,  and  the  rental  is  $25.  a  week.  The  umount  of 
business  done  by  them  does  not  pay  these  expenses, J&y 
reason  of  the  great  variation  in  the  work  from  week  to 
week,  At  Daniels  could  not  give  me  very  much  of  an  idea 
what  they  could  expect  their  income  to  be. 

Assuming  that  the  Edison  Company  alone  goeB  into 
this  proposition,  it  would  be  at  least  two  months  before 
the  machinery  can  be  built  and  installed,  and  during 
that  time  Daniels  and  Thompson  would  be  entitled  to  $30. 
per  week.  This  will  raise  the  weekly  expenses  to  $150. 
roughly,  and  will  require  $1200.  before  the  machinery  is 
installed.  This,  with  the  $1800  for  the  machinery,  and 
$300.  for  the  material,  will  involve  about$3300.  before 
any  royalties  will  begin  to  accrue,,  and  since  theBe  roy¬ 
alties  would  not  be  paid  except  possibly  at  the  end  of 
each  quarter,  enough  more  money  would  have  to  be  pro¬ 
vided  for  to  pay  the  running  expenses,  which  would  prob¬ 
ably  involve  about  $2,000.  more  for  a  quarter. 


To  summarize: an  estimated  expenditure  of  between  five 
and  Bix  thousand  dollars  would  he  required(before  any 
quarterly  royalties  would  he  collected) to  pay  expenses 
to  install  machinery  for  the  Edison  Company,  and  to 
provide  coating  material  in  advance  of  the  demand. 

The  approximate  cost  per  reel,  on  the  basis  of 
$2.  royalty,  and  §4.  a  gallon  for  the  coating  material, 
(which  includes  a  profit  of  100#) and  labor,?:  will  be 
§3.25. 

I  also  hand  you  herewith  three  sections  of  film, 
one  being  inflammable  and  coated,  one  being  non-inf lammalfc 
and  coated,  and  the  other  non-inflammable  and  not  coated. 
You  will  note  that  the  coating  makes  the  non-inflammable 
film  somewhat  inflammable.  Mr.  hylsworth  has  started  on 
an  experiment  to  determine  whether  or  not  the  solution  of 
acetate  of  cellulose  can  be  applied  to  a  film. 

So  far  as  the  art  developed  in  the  Patent  Office 
searches  is  concerned,  apparently  there  is  nothing  to  af¬ 
fect  the  validity  of  any  patents  which  mjy  be  obtained 
on  the  present  inventions  of  the  Waterproofing  Company. 

The  drier  is  undoubtedly  new,  although  of  course  it  is 
possible  to  construct  a  drier  on  radically  different 
lines.  The  coating  machine  is  novel,  ahtough,  of  course, 
coating  machines  for  similar  purposes  have  been  made 
before  ahd  probably  could  be  adapted  for  this  new  use. 

The  air  head  is  probably  radically  new,  but  1  am  somewhat 
disturbed  about  the  probability  that  the  coating  can  be 


-4- 


done  by  other  methods,  hut  possibly  not  so  satisfactorily. 
Possibly,  patents  on  the  prooess  and  product  are  very  li3®- 
ly  open  to  attaolc  on  the  ground  of  prior  use.  You  will 
remenib®r  that  Mr.  Marvin  said  that  he  had  coated  films  a 
tZUyfyuJoi) lonS  time  aS°  and  Selig  states  that  he  did  so  nine 
:  ^*H*^*'^year  s  ago,  reciting  at  considerable '  length  the  details. 

^^'The  latter  claims  that  he  prevented  the  holes  from  fill¬ 
ing  up  by  running  the  wet  film  over  a  sprocket.  Whether 
or  not  theBe  uses  vtere  abandoned  experiments  crr^ngt ,  it 
is  of  course  very  difficult  to  state  no v/. 

The  following  matters  should  be  .determined :- 

(1)  Is  the  Edi son-Babson  agreement  satisfactory? 

(2)  Is  the  Babson-Daniel  agreement  satisfactory? 
ITote  that  there  is  no  provision  for  the  equal  division  of 
the  income  and  that  even  if  Mr.  Edison  takes  out  $15,000. 
worth  of  stock,  he  will  obtain  only  25$  of  the  dividends, 
and  therefore,  the  actual  cost  to  the  Edison  Company,  fi¬ 
guring  a  profit  of  $2.50  for  the  Waterproofing  Company 
per  reel, would  be  over  $2.$0  per  reel. 

(3)  Will  the  present  coating  material  be  satis¬ 
factory,  or  must  it  be  made  absolutely  fireproof? 

(4)  Is  the  proposed  license  agreement  substan¬ 
tially  as  you  would  like  it,  and  such  aB  Daniels <jould 
propose  to  the  other  Manufacturers  with  some  prospect  of 
their  adopting  it? 

(5)  'If  the  license  agreement  is  substantially 
satisfactory,  then  such  an  agreement  should  made  with  the 


-5- 


Waterproofing  Company,  and  orders  given  to  start  tajti  the 
making  of  the  machinery  and  provision  made  for  the  proper 
coating  material,  and  at  the  same  time,  provision  should 
he  made  for  a  room  suitable  for  this  coating  operation:. 

G.  S’ .(Scull. 


GPS/ARK. 


The  National  Waterproof  Film  ‘Company 


2115-2117  West  Adams  Street 


Mr.  Geo.  F.  Saull, 


o/o  Edison  Mfg.  Co., 

Orange,  II.  J. 


,  JUN^'909 

g.f.sculu^ 


Our  friends  Messrs.  Selig  and  Kleine  have  so  far  failed 
to  call.  I  think  the  Crown  Point  Automobile  Races  are  responsible  for  last 
Friday's  and  Saturday's  neglect.  I  understand  that  Mr.  S.  paid  for  exclusive 
privilege  of  taking  pictures  of  the  race  but  found  the  Phoenix  people  there 
also.  The  story  is  out  that  S.  then  lead  an  assault  and. captured  the  Ehoenix 
camera,  returning  it,  however,  after  an  hour  or  so. 

I  mailed  yesterday  a  veiled,  reminder  as  per  copy  enclosed  to  both 
S .  and  K. . 

Our  corporation  is  progressing  as  fast  as  possible.  The  first 
meeting  will  be  held  Monday  next.  Our  proposition  of  sale  will  then  be_ sub¬ 
mitted  (with  inventory  attached)  and  a  day  or  so  later  formally  accepted . 

Then  will  follow  the  resignation  of  the  first  directors  after  which  the  new 
election  and  then  we  shall  be  ready  for  business.  Our  inventory  is  completed. 
All  debts  are  paid  except' Gillson's,  and  he  has  not  yet  furnished  a  bill  but 
promised  to  do  so  this  week.  Machinery  drawings  are  practically  finished 
and  two  houses  are  now  figuring  on  proposition  of  manufacture. 

If  you  have  any  news  which  you  think  I  ought  to  know  I  should  be 
pleased  to  hear  from  you. 

Y/ith  best  regards  to  Mr.  Dyer  and  yourself,  believe  me 
Yours  very  truly. 


[ENCLOSURE] 


* 


Vim.  If.  Selig,  Pros., 

Selig  Polyscope  Co., 

Chicago. 


Chicago, 

June, 


190.9.vw 

|  JUNSiiiaua. 

^  0.  F.  SCULL. 


Dear  Sir:- 

your  customers  may  wish  waterproofed!  We^rtll  13,15  fs 

^roS^sSMPm0nt3*'  0ur  co^otions  to  b^f matter 

«*ams 

itSSfaliSfSja- 


Meanwhile  wo  remain 


Yours  veiy  truly;  •  V 

HAT  IOHAIi  V/ATERPROOP  FIIjM  COKPAHY  1,  ' 
PER  '  ■' 


./  The  NaMonal  Waterproof  Film  ^Company 


The  life  of  moving  picture  fllmi 
Process  prevents  rubbing,  sc 
(Patent  applied 


Telephone  Kedzie  694 


Chicago, 

June, 

28th, 

1909. 


J.  A.  Berst,  Vioo-Pres., 

Bathe  Freres, 

Hew  York,  H.' Y. 

Dear  Sir:-  , 

Answering  yours  of  tho  26th,  we  spread  a  waterproof  solution 
oyer_7?®  emulsion  of  the  film  whioh  dries  as  hard  as  the  celluloid  side . 
•[•he  film  is  therefore  less  liable  to  scratch,  hut  the  great  advantage  is 
that  scratches  which  may  ooour  oan  he  washed  out  hy  simply  reeling 
through  a  wet  rag  held  in  the  hand.  Hot  or  cold  water  may  he  used 
with  soapsuds  or  without.  A  fresh  scratch  shows  white  on  the  soreen  and 
detracts  hut  little  from  the  picture.  It  soon  fills,  however,  with 
opaque  dust  and  dirt  and  becomes  a  black  mark  across  the  soreen.  many 
of  these  producing  what  is  called  a  rainy  film.  '<•  ’  . 

He  claim  that  if.  films  are  made  washable  by  our  process,  and 
exchanges  are  educated  to  wash  them  once  a  woek  or  so  the  pictures  will 
be  free  from  rain  as  long  as  they  are  shown.  We  olaim  that  the  manu¬ 
facturers  are  vitally  interested  in  exhibiting  to  the  publio  the  best 
possible  pictures  and  "best"  necessarily  means  clean  films.  He  may  say 
here  in  parenthesis,  that  the  life  of  a  waterproof  film  like  any,  other 
depends  upon  the  sprocket  holes,  but  our  proposition  guarantees  a  dean 
picture  as  long  as  the  sprocket  holeB  will  carry  it.  We  claim  further 
that  our  preparation  brightens  the  picture  because  of  its  highly  polished 
finish,  it  being  a  Boientifio  fact  that  light  penetrates  more  easily  a 
shiny  surface  than  a  dull  one.  We  olaim  to  do  away  with  all  tendenay 
of  stioking  at  the  gate,  alBO  that  the  loop  has  less  vibration  and  there¬ 
fore  shows  a  steadier  pioture. 

If  all  films  were  waterproofed  it  would  be  a  barrier  to  duping; 
while  it  is  easy  to  copy  a  film  it  would  be  difficult  to  waterproof  it 
wo  control  tho  process  and  machinery  whioh  spreads  the  solution  all 
around  the  sprocket  holes  without  dogging  or  going  through  them.  !0his' 
with  the  drying  machinery  would  moan  prohibitive  outlay  for  the  average 
duper  besides  making  him  liable  under  our  patents  * 

^  ^  Our  waterproofing  is  of  connse  best  applied  to  brand  new  films 

but  on  account  of  release  day  customer  we  have  been  obliged  to  do  most 
of  our  work  on  old  reels  after  oleaning  them  with  chemicals. 

We  have  already  placed  before  Ur.  Dyer,  President  of  the  Motion 


The  National  Waterproof  Film  jPompany 


2J 15-2117  West  Adams  Street 


Telephone  Kedzie  694 

Chicago, 

J.  A‘  B.— #2. 


Picture  Patents  Company  a  plan  by  which  this  invention  may  he  controlled 
'  “y  tl10  I>ioeilsees  ot  the  Patents  Company  which  would  dlfferenoiato  their 
filmo  from  all  competitors.  V.’e  should  he  glad  to  have  you  confer  with 
hr.  Dyer  regarding  it  as  we  believe  he  has  given  the  subject  considerable 
investigation.  Whatever  may  come  of  this  exclusive  proposition  later. 
ai1xTe  aak  now  la  that  yQur  Iir-  Montagu  will  let  ub  have  reelB  in  advance 
of  his  regular  shipping  days  so  that  we  can  waterproof  for  snoh  of  your 
customers  as  want  it,  we  to  return  them  to  Mr.  Montagu  in  time  for  his 
regular  shipments*  Heels  obtained  in  the  morning  we  can  rehum  in 
the  afternoon  without  delaying  or  discommoding  him  in  any  way. 

V/e  heliove  this  will  ho  an  accommodation'  to  some  of  your  cus¬ 
tomer  a  who  appreoiate  our  process  and  a  greater  one  to  us  for  which  we 
shall  sinoerely  thank  you. 


With  best  wishes,  we  remain 


Yours  very  truly, 

IIATIOHAL  WATERPROOF  FILM  CO. 
PER  . 


Mr.  Prank  L.  Dyer, 

c/o  Nat * 1 .  Phonograph  Co., 

Orange,  IT.  J. 

Dear  Mr.  Dyer: 

We  yesterday  completed  the  incorporation  of  the  National 
Y/aterproof  Film  Co.  Mr.,  Daniel  says  his  requirements  for  the  next 
30  to  60  days  will  be  in  the  neighborhood  of  $10,000.  This,  aB  I  . 
understand  it  is  for  the  building  of  six  complete  apparatuses,  all 
of  which  are  now  in  the  process  of  construction;  the  rest  is  for 
the  cost  of  material  for  doing  the  coating,  which  X  understand 
has  to  be  allowed  to  stand  for  some  time  after  being  mixed  to  get 
the  best  results. 


FKB/125 


(?h)icag  0,7/6/09 


RECEIVED. 

Mr.  Prank  L.  Dyer,  I  JUL  81909  | 

•  o/o  Nat'  1.  Phonograph  Co.,  t  FRANK  L.  OYER.  ) 

Orange,  N.J.  V - 

Dear  Mr.  Dyer: 

I  enolose  herewith  copy  of  Escrow  Agreement,  also  copy 
of  Bylaws,  I  wish  you  would  go  over  both  of  these  carefully.  I 
understand  that  the  Escrow  Agreement  is  the  one  you  perferred  of 
the  two  sent  down.  If  it  is  not  exactly  in  accordance  with  your 
wishes  let  us  know  at  once  and  we  will  get  together  and  have  such 
changes  made  as  are  necessary,  also  go  over  the  bylaws  carefully 
and  see  if  they  are  entirely  satisfactory. 

,  1  ^ve  had  nothing  whatever  to  do  with  the  drawing  of 

*■-.  tm!**  Loesoh  says  they  were  drawn  exaotly  in  accordance 
with  Mr.  ocull  s  instructions.  So  as  to  carry  out  the  Escrow 
Agreement  and  to  have  money  enough  .an  hand  until  my  return  I 
advanced  §10,000  for  stock  which  has  been  put  in  Escrow  as  you 
will  note  by  the  Escrow  Agreement,  but  with  the  provision  that  if 
you  considered  *10,000  more  than  you  wished  to  put  in  at  thiB 
time  can  withdraw  whatever  amount  you  thought  was  more  than 
necessary  to  use  in  the  next  month  or  six  weeks. 

°f  your  telegram  and  presume  we  will  have 
word  with  definite  instructions  from  Mr.  Scull  in  a  few  davs  at  ' 
which  time  we  will  draw  out  whatever  part  of  the  §10,000  is  in 
.  excess  of  what  you  think  necessary.  I  understand  from  Mr.  Daniels 
£nV°?RITt3  a?  1!t  7*11  re<iuire  considerable  money  in  the 
next  30  to  45  days.  As  will  be  gone  I  wish  you  would  have  “r. 
oouil  give  definite  instructions  as  to  just  how  much  money  you 
wish  to  advance  and  my  brothers  can  b  irry  our  your  instructions. 


BKB/125 


[ENCLOSURE] 


RECORD  OP  SPECIAL  MEETING 
of  the  Board  of  Bisectors 

of  the  national  Waterproof  Film  Co.  ^ 

LT-1  o'clock  P?'>,;.eglPla  °n  th0  3rdj  day  °f  July  1909 


Present 

B .  W .  Snyder 
Ray  Palmer 

C.  F.  Loosch 
P.  W.  Sullivan 
T)iob.  H.  Stevenson 

C.  F.  Locust  presiding. 

The  Secretary  roports  that  he  had  caused  the  charter  to  he 
recorded  an  the  Recorder's  Office  of  Coolc  County,  Illinois-  that 
he  had  procured  the  seal  and  stock  hook  and  necessary  stationery! 

Mr.  otevenson  and  Mr.  uoesch  submitted  By-laws  for  the  V 
company;  the  by-laws  appearing  on  pages  is  to  18  imnluslve 
were  unanimously  adopted  as  the  By-laws  of  this  corporation. 

The  proposition  of  Mr.  W.A.  Daniels  and  Idr.  F.B.  Thomnson 
which  was  submitted  to  the  Board  of  Directors  at  its  last 
meeting  was  then  read  by  the  Secretary  and  in  that  proposition 

^lS-Sll^West^tteS^qt  t0c!+e  th0ir  'busin®ss  situated  at 

*  <3117  west  Adams  St.,  City  of  Chicago,  together  with  all 

interest  in  all  furniture  and  fixtures,  ail  stationery  and  books 
in  trade,  all  machinery,  cash  on  hand  and  all  bills 
receivable,  all  contracts  for  work  to  be  performed  under  the  patents 
referred  to,  together,  with  the  good  will  of  said  bu^ness!  P 
.nto„,  ?°/1ai1  interest  in  application  for  United  States 

na^?^s+fpplls5*  f?r  and  not  allov/ed  on  any  improvements  on  such 
applications  which  may  be  made  in  the  future  by  either  of  said 
parties  or  any  patents  which  may  be  applied  for  in  the  United 
States  or  Europe  by  either  of  them  torching  thl  art  ol  Kerproofinr 
nartt  A„iVSni  00?1tins  n,??hin?s»  filra  drying  machines  and  more  S 

particularly  the  application  of  W.  A.  Daniels  for  United  States 
patent  or  a  web  coating  machine  applied  for  Jan.  28th  19  8 
Serial  *0.474916,  also  application  for  film  drying  macMne  Applied 
1 38th>  19u8.  s®rial  No .474795.  Also  an  application  for 
fortSsr,+  taitfv,Pa!lnp  byQP'?*  Thomppon  Picture  films  applied 
for  Sept,  Hth,  1908,  Serial  Ho.  452,8-15,  two  of  which  mentioned 
applications  have  been  allowed  by  the  Patent  Office  of  the  United 
States,  but  upon  which  no  patents  have  as  yet  been  issued. 

Also  to  make  any  and  all  applications  for  patents  in  foreign 
UP?»  any  and  all  patents  for  which  they  have  made  S 
application  in  the  United  States  which  have  been  allowed  on  which 
may  hereafter  be  allowed  or.  be  applied  for  by  them  touching  the 
art  of  water  proofing  films  or  web  coating  machinery  and  tf  assi-n 
w.hen  allowed  to  the  Company  for  the  consideration  of  one 
°  :dfl9ur08  th!  oaPital  st°ck  of  the  Company  to  be  issued 
to  them  fully  pnffld  and  non-as sea sable . 

V  4.,  Mr'  S*-''*  Snyder  and  Ur.  C.  F.  Loesch  the  committee  appointed 
by  the  Board  of  Birectoro,  thereupon  made  their  report  showing  that 
th!ywhSVLmade  an  investigation  of  the  business  of  said  W?  A  Daniels 
and  F.B. Thompson  and  they  found  that  the  assetts  consisted  ol 
furniture,  fixtures,  stationery  and  books,  fctook  in  trade  maohinerv 
ZL°^a“d+anJ  receivable ,  contracts  for  work  to  be  perfumed 

^11  ^  t0  1°  is3U0d’  a11  of  which  were  free  and  clear  of  d 

•ni+bft  b  ThSy  ?lB°  -reported  that  they  had  investigated  the  value 

earning  capacity  of  the  patents  and  in  their  judgment  “I 
b°j^+£  earnings  of  the  patents  and  the  water  proofing  process 
and  the  chemical  solutions  which  will  be  protected  bythe  parents 
to  be  issued  ought  to  be  at  least  §100,000.00  per  year  arid  thev' 
boCacceptod^at  ^  propoQitlon  of  Messrs.  Daniels^nd  Thompson 

/:Fter  a  discussion  of  the  proposition  and  the  report  it 

was  .duly  moved  and  seconded  that  the  proposition  of  Mess-s.  Daniels 
and  Thompson  be  accepted  din  accordance  with  the  said  proposition  as 
herein-before  set  forth  and  that  the  President  and  the  Secretary 
be  and  are  hereby  authorized  to  issue  to  Messrs  Daniels  and  Thompson 
of°thBi£nmte  °S  ?£00k  ?f  one  thousand  shares  of  the  capital  stock 
of  the  company  fully  paid  and  non-assessable  upon  delivery  by  said 
Daniels  and  Thompson  of  a  proper  bill  of  sale  and  assignment  covering 
a  £  !:!?B^r.by.£h®m  of  all_  their  rights,  interest  and  property  as  ^ 
set  forth  in  their  preposition  unanimously  carried,  J 

Thereupon  Mr.  Ray  Palmer,  tendered  his  resignation  as  a  director 
to  take  effect  immediately  which  resignation  was  duly  accepted  on 


[ENCLOSURE] 


motion  duly  seconded  and  adopted.  Hr.  H.B.  Babson  was  elected 
a  Director  for  thg unexpired  term  of  Hay  Palmer,  resigned.  Mr. 

Babson  at  once  took  his  seat  as  one  of  the  Director!  in  place  of  Mr. 
Palmer. 

Thereupon  Mr.  Thomas  II.  Stevenson  presented  his  resignation  as 
a  Director  to  take  effect  immediately  which  was  duly  accented  and 
“r*  ! Stevenson  thereupon  retired  on  motion  duly  seconded  and  adopted 
Mr. F.K. Babson  was  elected  a  Director  to  fill  the  unexpired  term  of 
Mr.  Stevenson  resigned,  and  he  at  once  tbok  the  seat  in  the  meeting. 

Thereupon  Mr.  P.W.  Sullivan  tendered  his  resignation  as  a  Director 
and  Secretary  of  the  Company  to  take  effect  immediately  which  was 
duly  accepted  and  Mr.  Sullivan  thereupon  retired. 

On  Motion  duly  made  and  seconded  Mr.  G. Babson  was  elected 
Director  and  Secretary  to  fill  the  unexpired  term  of  Hr-P  .V/. Sullivan 
f'esignedy  and  he 'immediately  took  his  seat  as  such  Director  and  Secretary. 

Thereupon  Mr. B.W. Snyder  tendered  his  resignation  as  a  Director 
and  Vice  President  to  take  effect  immediately  which  was  duly  accepted 
and  M.A.  Snyder  retired  from  the  meeting.  On  motion  duly  made, 
seconded  and  adopted  Mr. F.B. Thompson  was  elected  a  Direotor  and  Vice 
President  for  the  unexpired  term  of  Mr. B.W. Snyder  resigned,  and 
immediately  took  his  seat  in  the  meeting. 

Thereupon  Mr.C.F.Loesch  tendered  his  resignation  as  a  Director 
and  as  President  and  Treasurer  of  the  Company  to  take  effect 
immediately  which  was  duly  aocepted  and  he  thereupon  retired.  On 
motion  duly  made  and  seconded  Mr.W.A.Daniels  was  elected  Director 
and  •‘resident  to  succeed  Mr.C.F.Loesch,  resigned  and  “r.  F.K. Babson 
was  elected  Treasury?  in  place  of  Mr.  Loesch  resigned,  Mr.  Daniels 
taking  his  seat  immediately  in  the  meeting. 

On  motion  duly  made,  seconded  and  unanimously  carried  the 
following  section,  was  added  to  Artiole  2  of  the  By-laws  as  Section 
.  8  of  Article  2. 

"In  the  event  of  the  death,  resignation  or  inability  to  act  of 
either  W.A. Daniels  or  F.B. Thompson  as  Director,  President  and  Vioe 
^rofcident,  respectively  the  one  remaining  on  the  Board  shall  have 
the  right  to  name  the  successors  to  be  appointed  in  plaoe  of  the 
one  resigning  or  becoming  incapacitated  to  act  as  Directors  or 
officers  of  the  Company  and  in  the  event  of  the  death,  resignation 
or  inability  to  act  of  either  of  the  Directors,  F.K. Babson,  G. Babson 
or  H.B. Babson,  the  two  remaining  Babsons  on  the  Board  shall  have  the 
power  to  name  the  successor  to  fill  the  unexpired  term  of  such  party 
resigning  or  becoming  incapacitated  to  act  as  a  Director  or  officer 
of  the  Board." 

On  motion  duly  made  and  Beconded  the  salary  of  Mr.W.A.Daniels 
as  President  for  the  present  shall  be  at  the  rate  of  $1300.00  per 
year  to  be  paid  weekly,  said  salary  to  cover  not  only  the  the 
Presidency  of  the  Company  but  all  other  work  to  be  done  by  Mr,  Daniels 
in  connection  with  the  Company  and  he  shall  agree  to  give  his  beBt 
efforts  to  advance  the  interest  of  the  Company  during  his  employment. 

The  motion  was  duly  pat.  by  Mr.  G.  Babson,  Secretary  and  the  same 
was  carried,  Mr.  W.A.  Daniels  not  voting. 

Mr.  Daniels  thereupon  Btatod  to  the  meeting  that  he  would  enter 
the  employ  of  the  Company  and  to.  the  best  of  his  ability  and  efforts 
advance  the  interest  of  the  company  and  that  the  salary  as  fixed 
was  satisfactory  to  him. 

On  motion  duly  made  and  seconded  the  salary  for  the  present 
of  Mr.  F.B.  Thompson  as  Vioe  President  Shall  be  at  the  .rate  of  $1500.00 
por  year  to  be  paid  weekly; .  said  salary  to  cover  not  only  the  Vice 
i residency  of  the  Company  but  all  other  work  to  be  done  by  Mr. 

Thompson  in  connection  with  the  Company  and  he  shall  agree  to  give 
his  pest  effortst.tQ  advance  the  interest  of  the  Company  during  his 
employment.  The  motion  was  put  by  Mr.  G. Babson,  Secretary  and  the 
same  was  carried,  Mr. F.B. Thompson  not  voting.  Mr.  Thompson  thereupon 
stated  to  the  meeting  that  hh  would  enter  the  employ  of  the  Company 
and  to  the  best  of  his  ability  advance  the  interest  of  the  company 
ana  that  the  salary  as  fixed  was  satisfactory  to  him.  Mr  Thompson 
offered  the  following  resolutions.  . 

Whereas:  W.A.  Daniels  and  F.B. Thompson  are  the  owners  of  1000-  i 

shares  of  the  capital  stock  of  the  Company  and  whereas  said  Daniels  ! 

and  Thompson  have  entered  into  an  agreement  of  June  15th,  1909  with 
F.K. Babson  to  give  him  an  option  to  buy  500  shares  of  Baid  capital 
stock  at  its  face  value  from  time  to  time,  with  the  understanding 
that  the  money  realized  from  said  sale  of  stock  should  he  used  by. 
the  Company  in  its  business  and 

Whereas:  said  Babson  has  agreed  to  immediately  purchase  100  shares 
of  said  stock  of  $10,000.00  the  money  to  he  turned  over. to  the 
treasurer  of  this  company  and  said  Babson  has  agreed  to  buy  the 
additional  400, shares  of  stock  if  more  money  shall  be  needed. 


[ENCLOSURE] 


9 


Now  wherefore,  said  Daniels  and  Thompson  for  the  better 
protection  of  said  Babson  hereby  offer  to  place  and  do  plaoe  in 
trust  with  the  Treasurer  of  said  company  500  shares  of  the  capital 
stock  subject  to  the  conditions  of  the  contract  existing  between 
said  Daniels  and  Thompson  and  said  Babson. 

Hr.  Babson  moved  that  the  offer  embodied  by  the  resolution 
offered  by  Mr,  Thompson  be  accepted  and  the  Treasurer  directed  to 
accept  said  stook. 

Unanimously  oarried. 

The  following  resolutions  was  unanimously  adopted. 

Resolved  that  the  funds  of  the  Company  be  deposited  in  the 
Corn  Exchange  National  Bank  in  the  name  of  the  National  Waterproof 
Film  Co.,  and  that  the  same  shall  be  checked  out  upon  the  signature 
of  Frederick  K.  Babson,  Treasurer  countersigned  by  Walter  A.  Daniels 
President. 


Percy  W.  Sullivan, 

Secy,  for  the  first  part  of  mooting. 


July  7,1909, 


Ered'k  K.  Babson,  Hb<1., 

Marshall  Boulevard,  California  Ave. 
Chicago,  Ill. 


&  18th  St. , 


Dear  Dir 


Mr  Dyer  received  yours  of  the  3d  ins t. yesterday 
and  wired  you  as  follows:* 

"ilot  very  familiar  details  waterproof  film 
situation.  Scull  out  of  town  returns  tomorrow. 

Ify  general  understanding  ten  thousand  much  too 
high .  " 

"Will  telegraph  you  tomorrow  regarding 
waterproof  film." 


?fr.  Dyer  instructs  me  fo  write  in  Borne  detail  just 
what  he  would  like  to  have  done  with  this  oompany  now  that 
you  have  control  of  it.  You  should  underatand  that  the 
whole  matter  is  an  experimental  one,  and  that  Mr.  Edison 
does  not  wish  to  put  any  more  money  in  the  conoern  than  is 
necessary,  until  the  practicability  of  the  whole  soherae  has 
been  determined,  and  it  is  Mr.  Dyer's  idea  that  money  should 
only  as  it  is  required  to  develop  the  business, 
as  we  know,  the  only  expenditures  for.  the  next 
two  months  vihile  the  three  coating  and  drying  machines  re- 


bc  advanced 
Do.  far 


§ 


#2  Fred.  K.  Batson,  Esq. 

quired  by  the  Edison  Manufacturing  Company  ore  being  built, 
will  be  the  pay  roll,  the  cost  of  this  uiaohinery,  and  possi¬ 
bly  the  cost  of  a  certain  amount  of  coating  material,  to 
be  laid  down  in  advance.  At  the  time  X  was  in  Chicago,  no 
orders  were  given  for  any  machinery,  and  if  Mr.  Daniels  has 
Ordered  more  than  three  machines  (the  number  required  by  the 
Edison  Company)  ,  he  is  evidently  doing  it  on  the  assumption 
that  there  will  be  at  least  one  more  licensee,  although  I 
do  not  know  why  he  should  think  !3 since  no  one  of  the 
Manuf  scturers  has  evinced  Uny  great  interest  in  the  matter 
so  far. 

According  to  Mr.  Daniels,  the  present  pay  roll  of 
the  comp  any  is  about  §125.  per  week,  Kr.  Daniels  and  Mr. 
Thompson  each  taking  §15.  u0w  that  the  company  is  formed, 
they  are  entitled  to  §3C.  per  Weak,  under  their  agreement 
with  you,  and  this  increase, with  the  §25.  a  week  rent  that 
they  are  now  paying,  will  bring  the  weekly  expense  to  §150. 
We.  assume  that  it  will  be  at  least  two  months  before  the 
coating  machinery  oan  be  installed  in  the  Edison  Company's 
plant,  and  it  will  be  necessary,  therefore,  to  provide  about 
$.1200.  for  the  pay  roll  during  this  time.  ■  I  .do  not  know 
what  the  cost  of  the  machinery  for.the  Edison  Company  will 
be,  but  it  probably  will  «0t  amount  to  more  than  §2,000.  * 

It  would  not  be  advisable  to  prepare  any  consider¬ 
able  amount  of  coating  material  for  the  Edison  Company, 
since  it  is  possible  that  We  will  n0t  use  the  coating  com- 


#3 


Fred.  K.  Babson,  Esq. 


pound  which  the  Waterproofing  Company  is  UBing  at  the 
present  ti me,  this  compound  Rawing  a  tendenoy  to  increase 
the  inflammability  of  anon-inflammable  film.  In  any 
event,  I  do  not  thinlc  it  is  desirable  to  provide  for  more 
than  one  month's  supply  of  tliis  material,  and  figuring  it  at 
a  coat  of  $3.  a  gallon,  thi  s  -would  involve  more  than  $3,000. 
I  certainly  believe  -that  none  of  this  material  should  be 
mixed  until  the  nacliineD  are  pretty  well  along,  and  in 
fact,  possibly,  not  until  they  begin  to  install  them  at 
the  pKpt  here. 

You  will  note  from  the  foregoing,  that  §3500, 
would  cover  the  proba-ble  expenditures  for  sixty  days.  If, 
in  addition,  llr.  Daniels  ha3  ordered  six  coating  machines, 
instead  of  three  for  the  Edison  Company,  this  may  increase 
the  outlay  another  §1500.  or  §2,000.  Even  with,  this  added, 
you  will  see  that  $5  ,  000.  will  be  sufficient  for  the  ex¬ 
penses  of  the  company  until  September  1st,  unless  there  iB 
some  change  in  the  prospects,  and  even  this  amount  of  money 
would  riot  be  all  required  at  once.  You  will  note  Also  that 
the  foregoing  items  do  not  include  any  possible  income  which 
may  be  derived  from  -the  coating  of  films  for  exchanges. 

I.Ir .  Dyer's  idea  is  that  you  should  put  in  the  trea¬ 
sury  $3,000.  now  and  advance  additional  money  as  it  may 
be  required.  In  accordance  with  the  above,  I  telegraphed 
you  today  as  follows:- 


Fred.  K.  Batson,  Esq. 


#4 


"Am  writing  fully  today.  Ho  need 
of  putting  in  more  than  three  thousand 
dollars  now." 


}Sr.  Dyer  will  probably  take  up  the  matter  of 
the  agreements  v;ith  Jir.  Edison  today,  and  your  copy  will  he 
forwarded  to  you  as  soon  as  they  ore  signed,  together  v/ith 
a  draft  for  the  $3,000. 

Yours  very  truly. 


ofb/ark. 


Assistant  to  Vice-President, 


[ATTACHMENT! 


-  LICENSE  AGREEMENT - 

(a)  THIS  AGREEMENT  made  this  day  of 

19Q9,  by  and  between  the  NATIONAL  WATERPROOF  FILM  COMPANY,  a 
corporation  organized  and  existing  tinder  the  laws  of  the  State  of- 
Illinois,  and  having  an  office  at  Chicago  in  said  State,  party  of 
the  first  part,  (hereinafter  referred  to  as  the  "Licensor"),  and 
the  EDISON  MANUFACTURING  COMPANY,  a  corporation  organized  and  ex¬ 
isting  under  the  laws  of  the  State  of  Hew  Jersey,  and  having  an 
office  at  Orange  in  said  State,  party  of  the  second  part,  (herein¬ 
after  referred  to  as  the  "Licensee"):  WITNESSETH 

(h )  WHEREAS,  the  Licensor  represents  that  it  has  de¬ 
veloped  processes  and  machinery  for  waterproofing  motion  picture 
film  and  owns  and  controls  said  processes  and  machinery,  and  the 
following  named  inventions  and  applications  for  Patents  of  the  United 
States  therefor  and  any  United  States  or  foreign  patents  which  may 
be  granted  thereon: 

Application  of  Walter  A.  Daniel,  for  ' 

WEB  COATING  MACHINES ,  filed  January  28, 

1909,  Serial  Ho.  474,816; 


Application  of  Fredrick  B.  Thompson, 
for  FILM  DRYING  MACHINES,  filed  January 
28th,  1909,  Serial  No.  474,795; 


Application  of  Fredrick  B.  Thompson, 
for  PICTURE  FILMS,  filed  September  14,  1908, 

Serial  No.  452,945: 

and 

(e)  WHEREAS,  the  Licensee  is  engaged  in  the  manufacture 
and  sale  of  motion  picture  films  under  a  license  from  the  Motion 
Picture  Patents  Company,  a  corporation  having  its  principal  place 
of  business  in  Hew  York  City  and  is  desirous  of  obtaining  from  the 
Licensor  a  license  under  the  inventions  and  applications  for  patents 

therefor  relating  to  the  waterproofing  of  motion  picture  films 
be  ' 

which  may.  hereafter  acquired  by  the  Licensor. 


[ATTACHMENT] 


(4)  MOW,  THJBIUSFORE,  the  parties  hereto  for  and  in 
consideration  of  the  sura  of  One  Dollar  to  each  in  hand  paid  hy  the 
other  and  of  other  good  and  valuable  considerations,  from  each 
to  the  other  moving,  receipt  of  all  of  which  is  hereby  acknowledged, 
have  agreed  as  follows 

(1)  The  licensor  hereby  grants  to  the  licensee  for  the 
term  and  subject  to  the  covenants,  conditions  and  stipulations 
hereinafter  expressed,  the  right  and  license  for  the  United  States, 
its  territories  and  possessions,  to  use  the  processes  and  inventions 
referred  to  in  Paragraph  (b)  hereof,  and  any  inventions  relating 
to  the  wat erproof ing  of  motion  picture  films  which  the  Licensee 
may  hereafter  acquire,  in  coating  motion  picture  films  made  by 
the  licensee  and  to  sell  or  lease  the  motion  picture  films  so 
coated  by  it.  The  license  hereby  granted  is  personal  to  the  Licensee 
and  in  the  event  of  the  permanent  discontinuance  of  retirement 
from  business  of  the  Licensee  for  a  period  of ^consecutive  months, 
the  license  hereby  granted  shall  be  immediately  terminated. 

(2)  The  Licensee  hereby  recognizes  and  admits  the  valid¬ 
ity  of  each  and  every  United  States  letters  Patent  which  may  be 
obtained  by  the  licensor  on  any  of  the  applications  referred  to 
in  Paragraph  (b)  hereof,  and  of  any  other  Letters  Patent  which  may 
be  obtained  by  the  Licensor  for.  any  inventions  relating  to  the 
waterproofing  of  motion  picture  films  which  may  hereafter  be  ob¬ 
tained  or  acquired  by  the  Licensor  and  the  Licensee  agrees  not  to 
contest  or  question  the  same  during  the  continuance  of  this  agree¬ 
ment  . 

(3j  The  licensor  agrees  that,  as  soon  as  practicable 
after  the  date  of  this  agreement,  it  will  manufacture  and  install 
in  the  ,  plant  of  the  licensee  in  a  suitable  building  to  be  provided 
by  the  licensee,  coating  and  drying  machines  ready  to  be  connected 
to  a  source  of  power  to  be  provided  by  the  licensee,  such  machinery 

to  be  made  in  accordance  with  the  latest  approved  plans  of  the 
-2- 


[ATTACHMENT! 


Licensor  und  sufficient  in  a  opacity  to  coat  all  of  the  motion 
picture  films  mu  do  hy  tho  Licensee.  She  cost  of  manufacturing 
una  installing  such  machinery  and  of  making  all  rousonahlo  re- 
pairs  thereto  or^roplaaement  of  worn  parts  thereof,  shall  he  paid 
for  hy  tho  Licensor  and  such  naehinory  shall  at  all  times  remain 
tho  property  of  the  Licensor.  Any  motor  or  other  source  of  power 
for  ouoh  machinory  shall  he  installed  and  paid  for  hy  tho  Licensee, 
i’ho  Licensor  further  agrees  to  Instruct  tho  employees  of  the  Licensee 
in  the  proper  methods  of  handling  and  using  such  machinery  ana  in 
working  tho  prooesoos  owned  hy  it  for  the  coating  of  films,  and 
tho  Liconsor  further  agrees  to  attach  to  each  of  its  coating 
machines  a  suitable  countor  to  measure  tho  number  of  running  feet 
of  film  coated  on  such  machines,  such  countor  shall  ho  provided 
with  a  cover  over  the  dials  thereof,  and  a  look  for  such  oovor, 
and  tho  key  to  such  lock  shall  he  placed  in  tho  possession  of  the 
Licensee  ana  no  officor  or  ugont  of  tho  •Lioeneor  shall  have  the 
right  of  acceas  to  such  dials,  ana  the  Licensee  agrees  that  ouoh 
counter  and  its  connection  with  Q(1id  coating  machine  shall  not 
he  disturbed,  displaced  or  tampered  with  in  any  way. 

(4)  The  Licensee  oovonants  and  agroos^durlng  the  existence 
of  this  agreement  to  coat  all  motion  picture  films  plaoed  on  the 
market  hy  it  on  such  machinery  installed  hy  the  Licensor  and  to  pay 
to  the  Liconsor  quarterly,  within  fifteen  (IB)  days  after  the  first 
days  of  January,  April,  July  and  October,  royaltios  at  the  rate 
of  two  (2)  mills  per  running  foot  on  all  filmB  coated  by  it  during 
tho  proceeding  quarter.  Tho  amount  of  such  films  so  ooatod  shall 
he  determined  by  the  counter  or  oounters  uttaohed  to  the  maohinory 
installed  hy  the  Liconsor  and  the  reading  of  the  counter  or 
coimtors  at  tho  end  of  caoh  quarter  shall  ho  done  hy  a  certified 
accountant  who  shell  he  agreed  upon  hy  the  parties  hereto,  and  who 
alone,  in  addition  to  tho  Licensoo,  shall  have  a  right,  to  read 
suoh  counter  or  oounters.  l'he  said  certified  accountant  shall 
-3- 


[ATTACHMENT] 


render  a  statement  at  the  end  of  each  quarter  to  the  Licensee 
of  the  amount  of  film  which  he  finds  to  have  teen  coated  "by  the 
Licensee  during  thato  quarter,  and  the  Licensee  shall  make  payments 
of  royaltios  due  therefor^  to  the  saia  accountant  within  fifteen 
days  after  the  rendition  of  said  statement.  The  said  accountant 
shall  then  report  to  the  Licensor  the  gross  amount  of  royalties 
collected  by  him  from  the  licensee  and  any  other  licensees  of  the 
Licensor,  who  may  at  that  time  be  licensed  to  use  the  Licensor's 
processes  and  machinery  for  the  coating  of  films,  ana  the  certified 
accountant  shall  not  reveal  in  any  manner,  either  directly  or 
indirectly,  to  the  Licensor,,  or  any  other  of  the  said  licensees, 
the  amount  of  film  coated  by  the  Licensee. 

(5)  The  Licensor  further  covenants  and  agrees  to  keep 
said  machinery  in  good  repair  and  to  aid  by  its  expert  advice  in 
overcoming  any  difficulties  which  the  Licensee  may  experience  from 
time  to  time  in  the  coating  of  its  films,  and  the  Licensee  cove¬ 
nants  and  agrees  that  the  employees  of  the  Licensor  may  have  access 
to  the  said  machinery  at  all  reasonable  times  for  the  purpose  of 
inspection  and  repair. 

(6)  The  licensee  further  covenants  and  agrees  to  use 
in  the  coating  of  its  films  only  the  coating  compound  supplied 
by  and  purchased  from  the  Licensor,  and  the  Licensor  agrees  to 
furnish  such  coating  compound  prepared  according  to  its  latest  and 
best  formulae  at  a  price  not  to  exceed  §4.00  per  gallon. 

(7)  The  licensor  further  covenants  and  agrees  that  it 
will  not,  without  the  consent  of  the  Licensee,  grant  licenses  for 
the  use  of  its  machineiy  and  processes  on  more  favorable  terms  than 
those  provided  in  this  agreement/ 

(8)  The  Licensor  further  covenants  and  agrees  to  use 

its  best  endeavors  to  make  license  agreements  similar  to  this  agree¬ 
ment  with  each  and  every  manufacturer  and  importer  of  motion  pic- 


[ATTACHMENT] 


tures  licensed  toy  the  said  Motion  Picture  Patents  Company,  and 


further  agrees  not  to  so  license. any  manufacturer  or  importerinof 
motion  pictures  who  or  which  is  not  licensed  toy  the  said  Motion 
Picture  Patents  Company,  provided  that  such  licensees 

of  the  said  Motion  Picture  Patents  Company,  including  the  present 
licensee,  shall  enter  into  agreements  with  it,  similar  to  the 
present  agreement.  If,  however,  ^fteny  one  year  after  the  ante  of 
this  agreement,  the  licensor  has  not  in-force  license  agreements 
with  at  least  'fiteae  of  the  licensees  of  the  Motion  Picture  Patents 
Company,  it  shall  toe  at  liberty  to  enter  into  agreements  for  the 
coating  of  films  with  other  manufacturers  and  importers  of  motion 
pictures.  She  licensor  further  agrees  not  to  coat  films  for  any 
exchange  not  licensed  toy  the  Motion  Picture  Patents  Company  while 


id  so  long  as  it  has  existing  license  agreements  with  at  least 
-  manufacturers  or  importers  licensed  toy  the  Motion  Picture 


Patents  Company. 


(9)  It  is  mutually  covenanted  and  agreed  toy  and  be¬ 
tween  the  licensor  and  the  licensee  that  unless  sooner  terminated 
as  hereinbefore  or  hereinafter  provided,  this  agreement  and  the 
license  granted  thereby,  shall  take  effect  on  the  date  hereof  and 
shall  continue  until  June  20th,  1910,  hut  that  the  licensee  may 
renew  this  agreement  and  license  thereafter  from  year  to  year 
on  the  same  terms,  conditions  and  stipulations,  as  hereinafter 
provided,  toy  giving  notice  to  the  licensor  on  or.  before  the  20th 
day  of  March  in  each  year,  beginning  with  the  year  1910,  of  the 
licensee's  election  to  so  renew  this  agrementjprovided,  however, 
that  no  royalties  for  the  coating  of  film  shall  he  paid  toy  the 
licensee  until  the  said  machinery  shall  have  been  completely 
installed  toy  the  licensor  in  the  plant  of  the  licensee,  and  the 
employees  of  the  licensee  have  been  suitably  instructed  toy  the 
licensor  as  to  the  coating  of  such  films.  Phis  period  of  instruc¬ 
tion  shall  not,  however,  exceed  fourteen  (14)  days  after  the  com- 


[ATTACHMENT] 


plete  installation  of  the  said  machinery. 

(10)  It  is  further  mutually  covenanted  and  agreed  by 
and  between  the  licensor  and  the  licensee  that  if  the  processes 
and  machinery  for  coating  film  under  which  this  license  is  granted, 
proves,  after  90  days'  use  by  the  licensee,  to  be  so  unsuitable 
for  the  purposes  for  which  they  are  intended  as  to  make  the  fur¬ 
ther  use  thereof  by  the  licensee  undesirable  commercially,  then  the 
licensee  shall  have  the  right  to  terminate  this  license  and  agreement 
on  thirty  (30)  days  written  notice  to  the  licensor,  such  notice 

to  be  given  at  the  end  of  the  said  90  days.  The  licensee  shall 
also  have  the  right  after  ninety  (90)  days  use,  to  terminate  this 
agreement  on  thirty  (30)  days’  written  notice,  (such  notice  to 
be  given  at  the  end  of  the  said  ninety  (90)  days)  in  the  event  of 
the  invention  or  discovery  by  others,  of  process  es  and  machinery 
for  coating  ifiilms  which  do  not  embody  any  of  the  inventions  owned 
by  the  licensor,  which  produces  a  product  so  much  superior  to  or 
cheaper  than  the  prodtict  produced  by  the  processes  and  machinery 
of  the  licensor  as  to  make  it  commercially  impracticable  for  the 
licensee  to  continue  to  coat  its  films  by  the  processes  and  machinery 
of  the  licensor.  If,  however,  after  notice  of  such  proposed  cancel¬ 
lation  for  either  of  the  foregoing  causes,  the  licensor  believes  that 
the  licensee  has  unfairly  or  unjustly  arrived  at  its  conclusion  in 
regard  to  the  processes  and  machinery  of  the  licensor,  or  of  the 
advantages  of  any  new  processes  or  machinery,  then  the  matter  in 
dispute  shall  be  submitted  to  three  arbitrators,  one  each  to  be 
selected  by  the  licensor  and  the  licensee  respectively,  and  these 
two  to  select  the  third,  and  the  licensor  and  licensee  agree  to  abide 
by  the  decision  of  a  majority  this  board  of  arbitrators. 

(11)  It  is  further  mutually  covenanted  and  agreed  by  and 
between  the  licensor  and  licensee,  that  if,  during  said  original 

term  or  during  any  such  renewal  period,  either  party  should,  knowing—, 
ly  or  through  gross  neglect  or  carelessness,  be  guilty  of  a  breach. 


[ATTACHMENT] 


violation  or  non-performance  of  its  covenants,  conditions  and 
stipulations,  resulting  in  substantial  injury  to  the  other  party, 
and  should,  for  the  period  of  forty  (40)  days  after  notice  thereof 
from  the  other  party  persist  therein  or  fail  to  correct,  repair  or 
remedy  the  same  then  and  in  such  case  the  party  aggrieved  may 
terminate  this  agreement  by  giving  notice  in  writing  to  the  guilty 
party  of  its  intention  so  to  do.  It  is,  however,  mutually 
covenanted  and  agreed  by  and  between  the  Licensor  and  Licensee 
that  if  the  guilty  party  should  correct,  repair  or  remedy  such 
breach,  violation  or  non-performance  of  its  covenants,  conditions 
and  stipulations  within  the  said  period  of  forty  (>40)  days  after 
such  notice,  and  Should  thereafter  knowingly  or  through  gross 
neglect  or  carelessness  be  guilty  of  a  second  breach,  violation  or 
nonperformance  of  its  covenants,  conditions  and  stipulations, 
resulting  in  substantial  injury  to  the  other  party,  then,  and  in 
such  case,  the  party  aggrieved  may  terminate  this  agreement  by 
giving  thirty  (30)  days  notice  in  writing  to  the  guilty  party  of 
its  intention  so  to  do.  Such  termination  of  the  agreement, 
however,  shall  not  prejudice  either  party  hereto  in  the  recovery 
of  damages  because  of  any  such  breach,  violation  or  non-performance 
by  the  other  party  hereto. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have  caused  this 
agreement  to  be  executed  by  their  officers  duly  authorized  to 
perform  these  acts  the  day  and  year  first  above  written. 

NATIONAL  WATERPROOF  FILM  COMPANY 
By 

’  President . 

EDISON  MANUFACTURING  COMPANY 
.  By 


Vice-President . 


[ATTACHMENT! 


i!  **  !  1  /  =  ^  '  i 

. 

■  S~~'  (paragraph  10 )'  ■  j 

The  Licensee  covenants  and.  agrees  to  ooat  all 

| _ 

the  films  marketed  hy  it  after  the  installation  of  the 

j 

■machinery  of  the  Licensor,  hy  such  machinery,  and  ac- 

f 

cordis®  to  the  processes  o  f  the  Licensor  for  a  period  ; 

! 

any  time  after  the  end  of  such  ninety  days,  the  Licen- 

|  ■ 

see  may  give  thirty  days  written  notice  of  its  inten- 

tion  to  terminate  this  agreement  It  it  should  decide  that 

the  product, suict  processes  and  machinery  of  the  Licensor 

sxe  so  itt  unsuitable  for  the.  purposes  for  which*  they 

are~i'nt-ended"a's_to~'?nak c  th(T~f  uxtTfer~ "u"Be~ tHe’re^of  hy  the 

develop  that  the  inventions  owned  hv  the  Licensor  nvp 

not  so  hroad  and  novel  aB  to  prevent  the  #dnufacturei#  ? 

-  : - - =*■ 

imcmEH  and  use  hy  others  of  the  same,  or  substantially 

the  same,  product,  processes  and  machinery  without  in- 

r  ~ 

fringement  of  the  patent  rights  of  the  Licensor  or  of 

others,  or  if  the  Sr  the  r  use"  hy  the  Licensee  of- the 

- inventions -owned  hy-the- Lie  ensor-should-hecome-corameri - - 

; _ cially imp r^act_i_c_abl e  by  r ea s.o n  of th.e__iny.Gnt i o n  r>y»  dpj- 

i 

covery  hy  others  , of  processes  and  machinery  for  coating  , 

films,  which  &f^not  embody  any  of  the  inventions  owned 

hy  the  Licensor,  and  which  processes  an  d.machinery  pro- 

duce  a  product  swaaefe-ouperior  to,  or  cheaper  than, 

the  pro  let  produced  hy  the  processes  and  machinery  of 

the  Licensor.  At- the  end- of  the  said- thirty  days  ,  - - 

— thi-s— agreement— and— the— 1-i  cense-gr  anted— thereby — shall- be - 

— — d.eemed_te — t.erminated_by__the_Licensor_and_the_Licensea__ _ 

v  ■ 

[ATTACHMENT] 


\ 

unless  the  Licensor  notifies  the  Licensee  within  that 

y 

period  of  its  desire  to  suhmll6^toe^queotion  whether  or 

not  the  Licensee$»fr*unfairly  or  unjustly  arrived  at  its 

conclusion  in  regard  to  the  product,  processes  and  raa- 

chinery  of  the  Licensor,  or  of  the  patent  rights  of  the 

— machinery., in.  vdilch_.c.aae_the_ma.t.t.er_in_di^p.utje_ahall-..'b.e _ 

submitted  as  soon  as  possible  to  three  arbitrators,  one 

each  to  be  selected  by  the  Licensor  and  Licensee  respec- 

tively,  and  these  two  to  select  the  third,  and  the  Licen- 

sor  and  Licensee  agree  to  abideby  the  decision  of  the 

majority  of  this  Board  of  arbitrators.  i 

*  1 

1 

'  .  | 

■j  .  ; 

|j  ! 

July  12,1909, 


Messrs,  Gillson  &  Gillson, 

Monadnock  Building, 

Chi a ago,  Ill. 


Gentleraen:- 


Yours  of  the  9th  inst.  addressed  to  Mr,  Dyer 
has  Been  reoeived.  Mr,  Dyer  has  ^^^^'^'Burope  and  will 
not  return  until  the  middle  of  September.  HiB  opinion  in 
regard  to  the  foreign  applioations  is  that  an  application 
in  eaoh  of  the  three  countries  covering  simply  the  artiole 
will  he  sufficient,  the  practical  impossibility  of  onfarc- 
ing  any  patents  on  the  maohines  oausing  him  to  believe  that 
no  advantage  could  be  derived  from  any  further'  expense  in 
connection  with  such  application.  I  feel  ^justified,  there¬ 
fore,  in  saying  that  Mr,  Dyer  would  be  willing  only  to 
stand  the  expense  in  oonneotion  with  an  artiole  application. 

'  If  Mr.  Daniels  believeB  that  foiteij^  applications 

on  the  machinery  should  be  taken  out,  he,  tjf  'course,  miy 
do  so  at  hie  own  expense,  and  he  may  be  willing  to  . do  it, 
sinoe  his  interests  in  the  Company  will  always  be  atXleast 
50#,  and  at  the  present  time  are  considerably  more  tVinp 
that.  It  is  wholly  immaterial,  as  I  see  ijt'j.  what  disposi- 


#2 


Messrs.  Qillson  &  Gillson. 


tion  he  should  make  of  these  foreign  patents,  since  lioenBes 
to  use  them  would  in  no  oase  give  the  right  to  import  the 
product  into  this  oountiy,  and  the  Waterproofing  Jilin  Com* 
pany  is  interested  only  in  this  oountry.  Of  oourse,  vfoen 
the  foreign  artiole  applications  arc  filed,  they  Bhould  be 
broadened,  as  pointed  out  in  previous  correspondence  in  re¬ 
lation  to  the  United  States  case. 

Yours  very  truly, 


OPS/ ARK . 


Assistant  to  Vice-President 


V 


July  12,1909. 


Ur.  Walter  A.  Daniels, 

2115  West  Adams  Street, 

Chicago,  Ill, 


Deal'  Sir:- 


lir.  Dyer  has  cone  abroad,  and  will  not  return 
until  the  middle  of  September.  Before  he  wont,  he  signed 
the  enclosed  liccnao  agreement,  which  I  send  you  for  your 
inspection  and  oritioism.  Any  minor  correotionB  can  be  made 
in  it.  1  call  your  attention  particularly  to  Paragraph  10, 
whicA  is  substantially  the  same  as  the  corresponding  para¬ 
graph  in  the  agreement  drawn  up  while  X  was  in  Chioago. 

X  believe  that  you  will  appreciate  that  all  of  the  conditions 
set  forth -in  this  paragraph  will  bo  necessary  if  you  attempt 
to  approaoh  the  other  Licensed  Manufacturers. 

If  you  will  return  this  copy  with  your  approval, 
or  critioismB,  I  will  have  both  copies  exeouted,  and  will 
return  one  for  your  files.  If  the  agreement  is  satisfac¬ 
tory,  it  might  be  well  for  you  to  execute  this  oopy  and  it 
will  then  be  neoessary  for  me  to  send  only  the  remaining  oopy 
to  you. 

?fr.  Dyer  before  he  left,  objeoted  to  placing  as 


'Hr.  Walter  A.  Daniels, 


rauoh  aB  $10,000.  in  the  treasurey  at  the  present  time.  He  hts 
corresponded  with  Hr,  BabBon  in  regard  to  this  coispnny,  hut 
authorized  Ur.  Bahson  to  put  -in  as  muoh  more  than  §3,000. 
as  the  same  f*all  he  needed.  1  infer  from  Mr.  Bahson' s  let¬ 
ter  that  you  are  prooeeding  with  the  raamflaoture  of  sia;  coat¬ 
ing  and  drying  machines.  Sinoe  tho  Edison  Company  requires 
only  three  of  such  machines,  I  presume  that  you  are  building 
the  other  three  in  anticipation  of  a  possible  agreement  with 
another  raunuf aoturer .  I  should  he  pleased  to  know  what  you 
find  the  expense  of  building  those  machines  will  he. 

A  otrip  of  film  IOC  feet  long  is  being  sent  you  under 
separate  cover  today  ,  This  film  is  of  the  non- inflammable 
variety  and  I  should  like  to  have  you  coat  50  feet  of  it  only, 
keeping  the  other  50  feet  in  the  same  room,  and  returning  it 
in  the  same  paokage.  Our  experimenter  here  has  discovered 
that  apparently  the  waterproofing  both  stronthens  this  non- 
inflammable  film  and  preserves  it  from  deterioration,  and 
we  wish  to  ascertain  whether  or  not  this  is  the  oaBa,  and 
for  that  reason  we  are  sending  thi3  film  in  such  a  way  that 
there  would  be  absolutely  no  difference  in  treatment  or 
handling  of  the,  two  sections  other  than  by  waterproofing. 

,  Yours  very  truly, 


GEB/ARK, 


Assistant  to  Vice-President, 


Waterproof  Filjjf  Company 


fc  of  moving  picture  fUms  indefinitely  extended. 
(Patent  applied  for.) 


2115-21:17  West  Adams  Street 


I  jULt3*^S  I 
\  g.  r.  si;ua.  J 


Chicago,  July  15th,  1909 


Mr.  Geo.  F.  Scull, 

o/o  Edison  Mfg.  Co., 

Orange,  H.  J. 

Dear  Mr.  Scull 

The  registered  package  of  nonin flammable  film  reached  us 
this  morning.  We  coated  half  of  it  as  you  requested.  We  did  not  separate 
this  at  all  as  we  ran  it  all  through  the  machine  under  the  same  atmospheric 
conditions;  we  did  this  so  that  you  would  be  sure  that  no  change  could 
he  made  in  it.  There  is  a  little  white  thread  tied  in  the  sprocket  hole 
in  the  center  of  the  film  which  will  show  you  where  our  coating  starts. 

We  tried  some  noninflammable  film  coated  with  our  present  solution 
before  the  lamp  on  a  projecting  machine  with  a  Very  sharp  focused  conden¬ 
ser;  we  could  readily  burn  holes  through  both  the  coated  and  uncoated  alike 
but  failed  to  be  able  to  start  a  flame.  While  your  experimenter  is 
trying  other  experiments  have  him  test  this  out  to  find'  out  the  difference 
with  regard  to  its  inflammability. 

We  received  contract  and  will  take  same  up  tomorrow.  In  the  mean 
time  we  are  going  ahead  with  your  machines  and  hope  to  be  down  there  with  \ 
them  the  first  of  the  month.  We  are  building  five  machines  but  the  first 
three  will  be  shipped  to  you. 

Kindly  let  us  know  the  results  of  this  film,  meanwhile  remaining 
Yours  very  truly. 


HATI0HA1  WATERPROOF  FILM  C0MPA1IY 


The  National  Waterproof  Film  Company 


Telephone  Kedzie  694 


The  life  of  moving  picture  films  indefinitely  extended. 
Process  prevents  rubbing,  scratches  and  wear. 
(Patent  applied  for.) 


2115-2117  West  Adams  Street 


RECEIVED 
JUL  IS  1009 
G.  F.  SCULL, 


Chicago,  July  17th,  1909.'- 


S.  F.  Scull,  Asst,  to  Vice-Ires., 
Edison  Mfg.  Co., 


Bear  Sir:- 


Orange,  II.  J. 


Answering  yours  of  the  12th:  Belying  upon  your  Judgment  we 
shall  make  no  changes  in  the  license  agreement.  Send  the  copy  and  v/e  will 
sign  and  return  at  once. 

Eegarding  money  deposited  by  Mr.  Babson,  inasmuch  as  stock  has 
been  issued  and  put  in  escrow  for  the  original  amount  ($10,000),  and  as  he 
has  since  withdrawn  $7,000  of  it  v/e  conclude  the  best  way  to  treat  the 
withdrawal  is  as  a  loan  to  him;  subsequent  sums  which  he  may  deposit  being 
credited  against  the  account . 

It  is  certain  that  by  the  plan  of  leasing  machinery  we  shall 
need  the  original  amovint  and  more. 

Until  today,  whon  I  drew  $250.00  for  July  rent  and  pay  roll  of 
the  17th,  we  have  been  going  upon  the  money  which  Thompson  and  Daniels 
turned  over  with  the  business—' We  still  have  about  $120.00  left  in  petty 
cash. 


V/e  are  building  five  sets  of  machinery  as  v/e  found  it  more  econom¬ 
ical  than  to  get  just  the  three  sets  for  the  Edison  Manufacturing  Company. 
The  contract  price  is  $1830.00  to  v/hich  must  be  added  the  following  items :- 


Tables  for  5  coaters - $ 

Counters  for  ten  coaters - ; - 

Brushes  for  5  coaters - 

Sprockets  Wheels  for  five  coaters,  estimate - 

lape  for  10  drying  machines - - 

Heaters  for  10  drying  machines - 

Pads  for  7  sizing  machines,  estimate - 

Belting,  wire  and  turn  buckles  three  machines,  estimate - 

Air  generator  and  tank - - 


35.00 

250.00 

35.00 

15.00 

276.00 

200.00 

17.00 

35.00 

150.00 


TOTAL  $2843 .00 


Explaining  'the  counters,  heaters  and  tape  for  ten  machines  we 
found:  it  much  cheaper  than  to  buy  smaller  lot3.  The  excess  can  be  util¬ 
ized  on  subsequent  machines  we  shall  need. 

We  have  today  a  bill  from  Gillson  &  Gillson  as  per  copieB  enclosed 


The  National  Waterproof  Film^Company 


amounting  to  $145.00.  We  have  sundry  other  hills  which  must  he  paid 
amounting  to  $105.33,  so  with  no  calculation  for  other  expense  it  is 
evident  that  Mr.  Bahson  should  make  another  deposit  early  next  month  when 
machinery  is  completed. 

Assignments  of  patents  to  company  were  drawn  hy  Mr.  Gillson, 
signed  and  sent  to  Washington  today.  We  will  he  governed  hy  your- ad¬ 
vices  to  him  regarding  foreign  patents  applying  at  once  for  one  only  in 
England,  France,  and  Germany.  By  the  way  we  have  received  another  applica¬ 
tion  for  right  of  use  in  England. 

Belay  in  starting  the  manufacture  of  machines  was  occasioned 
hy  changes  in  them,  requiring  complete  new  drawings;  these  were  made  hy 
a  draughtsman  who  for  several  weeks  increased  our  pay  rolls  $35.00.  Nov/ 
that  he  is  gone  our  expense  is  $5.00  per  week  less  notwithstanding  in¬ 
creases  for  President  and  Vice-President.  The  former  has  been  av/ay 
camping  for  eleven  days  hut  is  now  prepared  for  vigorous  work.  I  want  to 
close  up  licenses  with  at  least  five  of  the  manufacturers  before  Mr.  Byer 
returns.  I  believe  it  can  he  done;  shall  begin  with  Mr.  Spoor  and  then 
go  East  leaving  other  Chicago  manufacturers  for  after  consideration. 

Before  Mr.  F.  K.  Bahson  went  away  he  signed  a  number  of  blank 
checks  leaving  them  with  his  brother  G.  who  seems  to  think  that  he  is  to 
he  custodian  and  that  our  hills  should  he  taken  to  him  and  checks  drawn  in 
his  office-This  will  he  very  inconvenient  for  us  and  unless  you  have  some 
very  good  reason  for  doing  otherwise  I  wish  you  would  gently  hint  to  him 
that  we  need  the  check  hook  where  the  book-keeping  is  done  at  2115-W.  Adams 
St.  So  far  n ew  company  accounts  have  been  kept  on  slips  hut  an  expert  is 
engaged  to  open  new  hooks  tomorrow  and  I  shall  put  in  the  day  with  him. 

Taking  advantage  of  the  photographers  excursion  rates  Mr.  Thompson 
will  tomorrow  night  go  to  Rochester.  He  hopes  to  learn  more  about  non- 
inflammable  film  and  possibly  to  arrange  for  obtaining  from  the  Eastman 
Company  acetate-cellulose  as  a  new  base  for  waterproofing  this  kind  of 
film  -  Although  all  projecting  machine  tests  which  we  have  made  v/ith  our 
present  coating  on  non-inflammable  film  does  not  appear  to  add  to  its 
inflammability  we  believe  it  wise  to  be  prepared  for  changing  if  later 
on  it  shoiild  appear  desirable.  Mr.  Thompson  will  be  well  introduced  by 
the  Bausch  &  Bomb  people  whose  relations  with  the  Eastman  Company  are  very 
close . 

With  best  wishes,  we  remain 


NATIONAL  WATERPROOF  FILM  OOI&^AHY 


July  24,1909. 

V/.A.  Daniels,  Esq., 

o/o  National  Waterproof  Film  Co., 

2115  V/eot  Adams  Street, 

Chicago,  Ill. 

Dear  Sir!- 

Your  letters  of  the  17th  and  22  insts .  together 
with  Mr.  Thompson's  letter  of  the  15th,  have  been  received 
by  me  on  my  return  from  out  of  town. 

The  non-inflammable  film  which  you  coated  for  ub 
recently  has  also  been  reoeived,  and  tested,  and  so  far  as 
I  cah  make  out  from  a  telephone  conversation  with  our  ex¬ 
perimenter,  we  find  that  the  waterproofing  does  not  material¬ 
ly  improve  the  film,  so  far  as  its  strength  iB  concerned. 

Mr.  Thompson  refers  to  testing  the  film  for  inflam¬ 
mability  in  a  projecting  machine.  I  believe  that  thiB  is  not 
the  true  test,  since  at  the  present  time  all  projecting  ma¬ 
chines  are  arranged  with  safety  shutters,  which  absolutely 
prevent  the  light  of  the  lamp  being  foouBed  on  the  film.  The 
reoent  fire  at  the  Anierioan  Pilm  Exchange  in  Chicago  shows  that 
the  real  danger  is  in  the  ignition  of  the  film  direotly,  and 'I 
must  say  that  from  the  sampans  we  hove  had  that  the  waterproof 


Ur.  W.A.  Dahiels. 


ooating  does  Blightly  increase  the  inflammability.  I  am  glad 
to  know  that  Mr.  Thompson  is  going  to  Rochester  and  I  hope 
that  he  will  he  able  to  get  on  the  track  of  the  non-inflamma¬ 
ble  coating. 

I  under stabd  that  some  oonoerns  are  dissolving 
the  non-inflammable  films  in  acetone  to  form  a  cement,  and  it 
is  possible  that  such  a  solution  would  form  a  suitable  ooat¬ 
ing. 

I  enolose  a  seoond  copy  of  the  oontraot.  Your 
statement  of  coots  and  machinery  is  very  interesting.  In  thiB 
oonneotion  I  wish  that  you  would  send  me  a  plan  of  the  ooating 
machines,  so  that  1  oan  look  after  the  preparation  of  a  room 
here  for  them.  All  that  1  would  need  would  be  an  outline  show¬ 
ing  the  length,  breadth  and  height.  If  you  have  not  made  a 
complete  assembly  drawing  of  the  machines,  a  mere  statement  of 
these  three  dimensions  will  probably  be  sufficient.  I  should 
also  like  to  know  about  what  time  you  expect  to  be  ready  to 
install  them  here. 

The  withdrawal  of  the  money  by  Mr.  Babson  was  with 
the  distinct  understanding  that  he  would  re-deposit  it  from 
time  to  time  as  the  business  requires  it,  and  I  think  there  will 
be  no  difficulty  in  that  respeot.  So  far  as  the  payment  of 
bills  during  the  absenoe  of  Hr.  F.K.  Babson  is  oonoerned,  I 
would  prefer  not  to  interfere,  beoause  he  must  be  returning 
from  his  vacation  very  shortly,  since  he  left  on  July  6th, 


Mr.  V/.A.  Daniels. 


#3 


and  he  thoroughly  understands,  1  think,  that  his  money  is 
to  he  deposited  to  the  credit  of  the  company  and  drawn  on 
accordingly. 

The  hill  of  Messrs.  Gillson  &  Oillson  is  satisfac¬ 
tory  and  it  would  seem  that  the  patent  on  the  V/eh  coating 
machine,  as  well  as  on  the  Drying  machine,  can  he  p^Em'i^l#' 
to  issue. 

Yours  very  truly. 


GI’S/ARK. 


Assistant  to  Vice-President. 


The  National  Waterproof  Film  Company 


Telephone  Kedzie  694 


The  life  of  moving  picture  films  indefinitely  extended. 
Process  prevents  rubbing,  scratches  and  wear. 
(Patent  applied  for.) 


2115-2117  West  Adams  Street 


G.  3?.  Scull,  Asst,  to  Vice-Pres., 

Edison  Manufacturing  Co., 

Orange,  N.  U. 


Chicago,  July  27th,  1909 


RECEIVED 
JU  L  21)  1909 
G.  r,  scull 


Dear  Sir:- 


Se  are  in  receipt  of  yours  of  the  24th  with  stated  enclosure 
which  is  duly  signed  and  returned  herewith'. 

Sorry  to  hear  that  our  coating  adds  no  strength  to  the  H.-I.  film, 
for  we  hear  this  film  lacks  considerably  in  this  particular.  Prom  enclosed 
copy  of  our  weekly  trade  letter  you  may  gather  our  views  as  to  inflammability 
of  a  waterproof  film.  It  seems  to  us  that  the  greatest  fire  danger  is  in 
theatres  and  that  with  proper  care  fires  like  that  of  the  recent  American 
Pilm  Service  could  be  prevented.  However,  as  we  wrote  you  before  we  are 
looking  for  improvement,  To  this  end  we  want  to  find  a  source  of  supply 
of  acetate  cellulose,  the  base  of  H.-I.  film.  Mr.  Thompson's  trip  East 
was  to  learn  if  the  Eastman  people  would  sell  to  us  but  through  the  earnest 
advice  of  his  friends  in  the  Bausch  &  Dorab  Company  he  did  not  make  his  wants 
known.  The  writer  is  inclined  to  believe  that  if  we  get  this  material 
from  Eastman  it  will  be  only  through  your  influence. 

Another  chemical  which  will  materially  reduce  the  inflammability 
of  our  present  solution  is  Amylic  or  any  ether  derivative  of  silicic  acid. 
Silicate,  commonly  known  as"water  glass"  is  easily  obtained  but  this  will 
not  do.  The  other  is  not  on  the  market.  Could  not  your  chemist  make  us  a 
couple  of  pounds  or  enough  for  our  experiments  and  sufficient  to  learn 
its  approximate  cost  in  quantities.  Y/e  should  never  be  able  to  supply  our 
v/ants  by  dissolving  old  H.-I.  films. 

Do  you  ever  see  the  "Kinematograph",  a  London  trade  paper?  If  so 
kindly  read  the  second  column  page  488  of  the  July  15th  number. 

Mr.  Spoor  has  been  so  busy  rebuilding  his  office  that  I  have  not 
been  able  to  see  him,  bxit  hope  to  do  so  tomorrow.  I  did  see  Mr.  Selig 
a  few  days  ago  and  found  him  very  frank  in  saying  that  he  can  and  will  water¬ 
proof  regardless  of  our  patents.  He  claims  to  hove  done  this  ten  years 
ago,  as  an  experiment  presumably,  v/ithout  making  it  a  commercial  proposition. 
He  says  that  he  has  machinery  to  do  it  and  that  he  is  ready  to  fight  any 
rights  given  us  by  Uncle  Sam.  Notwithstanding  all  his  bluster  I  think  we 
are  closer  to  him  than  before  I  called.  By  the  way,  he  apologized  for  not 
keeping  the  promise  given  you  to  call  on  us,  saying  "that  it  was  on  the 
advice  of  his  attorney  that  he  kept  away". 


The  National  Waterproof  Film  Gfompany 


2115-2117  West  Adams  Street 


Telephone  Kedzle  69 4 

Chicago, 


S.  F.  S»--#2. 

The  floor  space  required  for  table  with  coater  and  dryer  in  line 
is  21  feet  3  l/2  inches  in  length  and  three  feet  in  width.  To  this  should 
he  added  such  space  as  you  need  for  getting  around  the  machine.  The  height 
is  10  feet  and  2  inches. 

We  are  going  to  he  delayed  on  counting  machines  and  heaters  so 
that  instead  of  being  ready  early  next  month  it  is  my  belief  that  it  will 
be  well  on  towards  the  end  of  August  before  your  machinery  will  be  installed. 

We.  have  arranged  a  system  of  vouchers  in  duplicate  30  that 
Mr.  Babson  can  retain  one  copy  from  which  he  can  keep  accurate  calculation 
of  money  paid  out.  The  original  voucher  goes  to  the  creditor  for 'his. receipt 
Each  voucher  will  correspond  in  number  with  the  number  of  check  which  pays 
the  account. 


Yours  very  truly, 

NATIONAL  WATERPROOF  FILM  COMPANY 


y/ad/ld 


P.  S.  Had  a  very  pleasant  interview  today  with  Mr.  Spoor  and  have  left 
contract  with  him  to  look  over.  Anticipate  very  little  trouble  in  getting 
his  signature.  He  also  tells  me  that  Mr.  Selig  Hill  come  around  all  right 
in  time.  Says  he  is  always  on  the  off  side;  at  the  start  of  anything. 


The  National  Waterproof  Film  Company 


2115-2117  West  Adams  Street 


Telephone  Kedzie  694 

Chicago,  July  21st,  1909 


Mr.  G.  F.  Scull, 


Dear  Sir. - 


Edison  Mfg.  Co., 

Orange,  II.  J. 


Replying  to  yours  of  the  29th  will  have  to  go  aown  to  Batson  before 
I  can  return  your  contract  with  seal  of  company .  This  I  will  do  Monday. 

I  noticed  that  the  other  contract  sent  you  with  Mr.  Dyer’s  signature 
did  not  have  the  seal  of  your  company,  but  thought  1  would  present  it  to 
you  for  this  purpose  on  my  next  visit  East. 

of 

I  have  seen  Mr.  Spoor  ana  he  has  taken  copy^contract  to  look 
over.  I  expect  to  see  him  l’uesday  next  ana  get  him  to  sign.  .  For  this 
reason  1  do...  not  return  our  contract  as  Mr.  S.  might  wish  to  see  that  the 

copy  furnished  him  is  just  like  the  one  furnished  Mr.  Dyer.  The  matter, 
however,  will  have  our  earliest  attention. 

Our  representative  Mr.  3eadell,  was  in  Detroit  yesterday  where  the 
Pacific  Coast  Borax  Company  were  giving  one  of  their  shows.  He  met  the 
chief  operator,  Mr.  Merollo,  ana  received  the  enclosed  letter  from  him.  You 
will  note  the  date  is  a  little  in  advance,  but  this  was  done  purposely  so 
as  to  bring  up  the  1250  times  mentioned.  It  seems  to  us  as  a  pretty 
good  letter. 

I  changed  my  mind  on  sending  out  this  week  the  letter  regarding 
the  non- inflammability  of  our  coating  and  sent  out  instead  one  like  the 
enclosed. 

We  are  told  that  we  can  obtain  Amylie  Silica  from  Messrs.  Merck 
&  Company,  University  Place  &  8th  St.,  Hew  York  City.  We  wrote  them  yes¬ 
terday  ordering  two  (2)  pounds.  We  also  find  that  Acetate  Cellulose  is 
manufactured  by  a  German  firm  whose  address  we  are  now  endeavoring  to 
obtain.  In  the  mean  time  by  our  own  experiments  we  have  been  able  to 
make  an  absolutely  fire  proof  coating  but  of  not  sufficient  clearness  for. 
our  purpose.  We  believe  th&t  if  we  can  succeed  in  clearifying  it  in  some 
way  we  have  got  the  best  thing  yet. 

With  best  wishes,  we  remain 

Yours  very  truly, 

1IATI0HAI.  WATERPROOF  FILM  COMPAHY 


August  4,1909. 


VI. A.  Daniels,  Esq., 

2115  West  AdamB  Street, 

Chicago ,  111. 

Dear  Sir:- 

Yours  of  the  2nd  inat.  enclosing  contract  has 
■been  received. 

In  view  of  the  statement  in  yours  of  the  31st  ult. 
in  regard  to  tho  amylic  silica,  I  have  not  taken  up  the 
matter  with  our  chemist. 

Some  time  since  you  suggested  the  possibility  of 
using  our  mailing  lint  in  sending  out  circulars  in  regard 
to  the  waterproof  film.  1  would,  of  course,  be  very  glad 
to  obtain  this  for  you,  but  1  believe  that  it  might  involve 
difficulties  in  the  way  of  making  it  apparent  that  there  is 
some  connection  between  the  two  companies,  and  also,  1  be¬ 
lieve  that  the  education  of  the  exhibitors  will  be  brought 
about  an  soon  as  we  ore  ready  to  begin  waterproofing, 
through  matter  whioh  we  will  insert  in  a  new  publication 
which  the  company  is  getting  out,  oopy  of  whioh  1  enolOBe, 
and  which  is  devoted  to  the  interests  of  the  Edison  Company 
exclusively.  Naturally  in  this  paper  whiolg  is  being  sent 
to  every  exhibitor  in  the  country,  waterproof  films  will 


//2  W.A.  Daniels. 

■bo  boomed. 

Yours  very  truly, 

OS’S/ARK.  Assistant  to  Vioe-^resident. 

lino. 


The  Najbonal  Waterproof  Film  Company 


2115-2117  West  Adams  Street 


Telephone  Kedzie  694 

Chicago,  Aug.  6tli,  1909. 


&.  F.  Soull,  Asst,  to  Vice-Pres., 

Edison  Ivlfg.  Co., 

Orange,  II.  J. 


Dear  Sir:- 


'  RECEIVED  ' 
AUG  9  1909 
^  G.  f.  scm.. 


We  are  in  receipt  of  your  favor  of  the  4th  and  note  that  you  have 
not  taken  up  the  matter  of  Amylic  Silica  with  your  chemist.  V/e  find  this  a 


very  difficult  chemical  to  procure  and  up  to  this  time  have  been  unable  to 
get  it.  V/e  have  one  chemist  in  Chicago  that  wants  to  charge  us  §300.00  for 
a  formula,  besides  which  he  wants  us  to  pay  for  his  experiments  so  that  the 
cost  is  an  unknown  quantity  and  we. are  not  at  all  inclined  to  patronize  him. 
In  the  mean  time  we  are  in  correspondence  with  several  manufaettiring  chemists 
through  which  we  hope  to  receive  results. 

I.Ir .  Thompson  has  succeeded  in  malting  a  film  which  is  more  fireproof 
than  the  new  B.-I.  filmj  it  is  impossible  to  ignite  it.  It  has  every  re¬ 
quisite  for  our  coating  except  the  one  important  one  of  being  clear.  If 
Thompson  can  find  some  way  of  clearing  it  we  will  have  a  very  nice  coating. 

Note  what  you  say  aboiit  the  mailing  list  of  theatres  and  are  willing 
to  accept  your  judgment  in  the  matter.  We  certainly  do  not  wish  to  increase 
our  expenses  by  prematurely  eircxilarizing  the  theatres.  We  find  the  postage 
on  the  circular' letters  to  the  exchanges  is  quite  an  item. 

V/e  want  to  congratulate  you  on  the  get-up  of  the  "Kinetogram" .  It  is 
very  nicely  printed  and  we  like  the  idea  of  the  colored  head  lines. 

Yours  very  truly. 


?EOOF  FILM  COMPANY 
Pres  ^ 


Aug.  18,  1909. 


Mr.  V/.  A.  Daniels, 

National  Waterproof  I’ilm  Co,, 

3115  W.  Adorns  St.,  Chicago,  Ill. 


Dear  Sir: 


In  rooponse  to  yours  of  the  ISth  inst.,  I  ha.ve  request¬ 
ed  the  Pihra  Department  to  forward  you  200  feet  of  film  on  non- 
inflammable  stock.  This  will  he  nent  you  free  of  charge. 


Yours  very  truly, 


GIS/lOT 


Assistant  to  Vice-President. 


Orange,  if.  J. ,  August  20,  1909. 

■Edison  Manufacturing  Co,, 

Orange,  ft,  .T, 

Gentlemen: 

At  an  informal  meeting  of  the  Eastern  manufacturers 
at  the  Patents  Company's  office  on  t]io  17th  inst.  attention  was 
directed  to  the  fact  that  some  manufacturers  are  arranging  to 
give  away  posters  free  of  charge.  It  was  agreed  that  this 
practice  would  eventually  lead  to  each  manufacturertjibeing  obliged 
to  do  the  same  thing,  at  a  conn  id or able  loss,  and  that  it  really 
constitutes  a  reduction  in  the  price  of  film.  'fhis  practice  is 
also  directly  contrary  to  that  provision  of  the  manufb.  cturer  •  s 
license  in  which  the  licensee  agrees  not  to  present  or  donate 
other  goods  or  merchandise  or  prizes  to  induce  the  lease  of 
positive  motion  picture  s  (Paragraph  16). 

The  manufacturers  present  requested  the  Patents  Company  to 
snnd  out  a  notice  to  the  manufacturers  directing  that  no  posters 
or  other  goods  be  given  away  by  them  either  to  exhibitors  or 
exchanges. 


Yours  very  truly, 


GES/lW 


Secretary, 


AVig.  20,  1.903,- 


W.  A,  Daniels,  Esq., 

National  Waterproof  I'ilm  Co,, 

2115  W.  Adams  St.,  Chicago,  111. 

Dear  Hr.  Daniels! 

I.tod  a  conversation  with  o®  chemist  here 
yesterday  In  regard  to  amyl  for  arayllc  silica  or  silicate.  He 
has  apparently  never  seen  this  substanoe,  but  from  Ms  reading 
he  assured  me  that  in  his  opinion  the  substance  would  be- unstable, 
breaking  down  into  silica,  and,  .moreover,  he  scorned  to  have  grave 
doubts  as  to  whether  or  not  it  would  be  non-inflammable .  He 
suggested  that  it  might  be'  possible  for  him  to  make  up  some  of 
the  substance,  but  in  view  of  his  statements,  it  seems  that  this.: 
would  be  unnecessary,  since  such  a' compound  would  apparently  be 
unfit  for  Jaipur  use . 

Yours  yery  truly. 

Assistant  to  Vloe-Dresident, 


GHS/lW 


\  % 


,  ,  fc  TELEPHONE  K 

ija'ioiiAi.'lfciepRoor  FkiaiGa. 

CAPITAL.  $100/000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  ano  Machinery  Patents  Penoino 


Aug.  20tll,  1909. 


Geo.  F.  Scull, 


Dear  Sir:- 


Asst.  to  Vice-Pres., 

Edison  Manufacturing  Co. 

Orange,  H.  J. 


V/e  are  in  receipt  of  your  favor  of  the  18th  and  must  cortainly 
thank  you  for  sending  us  the- 200  feet  of  II. -I.  stock  free  of  charge. 

Three  of  the  five  dryers  ordered  have  been  delivered  this  morning. 
The  coaters  are  not  yet  ready  because  of  delay  in  getting  counting  machines. 
The  dryers  will  be  set  up  and  tested  before  shipping. 

I've  made  very  good  progress  with  Mr.  Spoor,  but  have  not  yet 
succeeded  in  getting  his  signature.  We  coated  a  reel  for  him  yesterday  which 
he  is  to  send  to  his  brother  in  Europe  and  if  it  meets  with  his  favor 
the  idea  is  to  coat  all  of  his  European  stock  in  our  plant  here  for  the 
present.  He  is  also  going  to  have  us  coat  a  negative  for  him  and  this 
will  be  ready  tomorrow  or  Monday.  We  believe  that  the  coating  will  be  of 
great  advantage  to  a  negative,  keeping  it  clean,  protecting  the  high  lights, 
and  because  of  its  shiny  surface  will  muke  better  prints.  At  any  rate 
this  negative  will  prove  whether  we  are  right  or  wrong.  If  I  can  finish 
with  Mr.  Spoor  by  Tuesday  I  think  I  shall  be  in  Mew  York  by  the  last  of  the 
week. 


Yours  very  truly. 


II  ATI  OH  AL  WATERPROOF  FIUSI  OOMPAHY 


Pres. 


N  ational  Waterproof  Rim  Go. 


Aug.  23rd,  1909. 


i 


AUG  *s»;  v; 


I'.'j. 


Geo.  F.  Scull,  Asst,  to  Vice-PreB. 

Edison  Mfg,.’  Co., 

Orange , 

Dear  Sir:-  ( 

T/e  are  in  receipt  of  your  favor  of  the  20th.  and  note  what  you 
say  about  Amylic  Silica.  We  have  abandoned  trying  to  get  this  chemical 
which  we  are  told  does  not  exist  arid  cannot  be  made.  We -are  working  on  other 
lines  and  think  we  are  now  on  the  right  track.  We  want  to  thank  you  for 
your  trouble  in  the  matter,  however. 

We  have  just  sent  in  patent  application  for  waterproofing  films  by 
applying  a  thin  coating  over  the  entire  surface  and  then  a  heavier  coat 
between  the  sprocket  appertures. 

Iwo  of  the  five  machines  orders  have  been  delivered  and  are  being 
set  up;  the  other  three  are  promised  this  week.  We  are  also  promised 
three  of  the  counting  machines  to  be  here  today  or  Wednesday. 

E  arn  sorry  to  report  that  I  have  not  yet  succeeded  in  landing  Mr. 

Spoor,  but  we  are  daily  getting  closer  to  it.  I  think  I  advised  you  be-  , 
fore  that  we  had  coated  a  reel  as  a  sample  for  his  brother  in  England  and  if 
it  meets  with  his  approval  all  films  which  Spoor  sells  in  that  country  will  , 
go  over  waterproofed. .  We  also  coated  a  negative  for  him  Saturday  which  has 
not  yet  been  reported  on.  We  believe  that  a  coated  negative  will  make  a  betteri 
print  and  shall  watch  the  result  of  this  one  with  considerable  interest.  | 

Mr.  Miller  of  Spoor’s  place  called' on  us  this  morning  and  brought  a  short  pieoe| 
of  new  film  which  he  wishes  waterproofed  for  some  experiments.  Of  his  own  which /, 


-v 


Hmvonal  HtaifiPit®dr  tom  ©s® 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 


G.  F.  S„~#2. 


he  wishes  to  moke.  Mr.  Miller,  and  in  fact  all  the  people  connected  with 
Spoor's  place,  are  very  favorable  to  our  proposition  and  I  hope  that  this 
week  will  enable  us  to  close  a  lease. 

We  have  E6  old  reels  to  clean  and  coat  in  the  house  this  morning. 
Yours  veiytruly. 


NATIONAL  WATERPROOF  FILM  COMPANY 


toiOML  WtaifiPii@©F  FhiM  Ca 


Geo.  F.  Scull,  Asst,  to  Vice-Pres., 
Edison  Mfg.  Co., 


received 
SEP  7  1909 

G.  F.  SCULL. 


We  have  today  ordered  from  the  .Chicago  Pneumatic  Pool  Co.  ship¬ 
ment  of  one  4x4  belt  driven  granite  compressor  having  single  acting  air 
cylinder  4  inches  in  diameter  hjr  4  inch  stroke  of  piston,  etc.  Also  one 
air  receiving  tank  5x18.'  As  it  usually  takes  a  week  before  shipment  we 
figure  that  these  two  articles  will  reach  Orange  about  the  time  of  the 
other  machinery  to  be  shipped  from  Chicago.  In  this  connection  we  wish 
to  say  that  we  have  been  most  horribly  delayed  in  this  matter  but  in¬ 
dications  are  now  that  we  shall  be  able  to  ship  by  Monday  or  Tuesday  week. 
We  have  ten  barrels  of  solution  aging  and  would  ask  how  many  of  these  you 
would  suggest  shipping  to  Orange.  Each  tank  contains  50  gallons  and  one 
gallon  will  do  four  thousand  feet. 

The  writer  will  be  in  Hew  York  Tuesday  of  the  coming  week  at  the 
Knickerbocker  Hotel  and  should  be-  pleased  to  meet  you  at  any  time  that  it 
will  be  convenient  ( day  or  night ) . 


With  best  wishes,  i 


Yours  very  truly. 


NATIONAL  WATERPROOF  FIIM  COMPANY 

Pres. 

s*  Shipment  addressed  National  Waterproof  Film  Company,  c/o  Edison  Mfg. 
Co.,  EilmpDepartment ,  Orange,  N.  J. 


National  HwtspftooF  Plus  CSa 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS  ST. 

<&SQD(Sm@v 


Geo.  F.  Scull,  Asst,  to  Vice-Pres., 
Edison  Mfg.  Co., 


Vpt- mh- Mo9- 


Orange,  H.  J. 


Dear  sir:- 

I  returned  yesterday,  succeeded  while  in  the  East  in  introducing 
the  waterproofing  proposition  to.  the  Vitagraph  Company  who  will  tomorrow  put  into 
their  regular  service  a  new  filra.about  650  feet  of  which  has  been  waterproofed, 
and  350  feet  not.  ilie  waterproofed  section  was  furnished  through  the  Chicago 
office  of  the  Vitagraph  Company  and  we  are  glad  to  say  was  run  by  them 
■before  we  got  it.  y/e  say  this  because  it  was  scratched  to  some  extent 
before  we  received  it*  Mr.  John  Rock  promised  to  advise  his  father  of  this 
condition. 

In.  the  Vitagraph  'office  I  met  Mr.  Clark  of  the  Pittsburg  Calcium 
tight  &  Film  Company  for  whom  we  have  waterproofed  a  few  reels.  He  gave 
Mr.  Rock  a  very  good  report  of  our  work. 

I  saw  Mr  Jjong  of  theKalemCo.  twice  ana  left  duplicate  contracts 
for  him  to  sign  upon  the  return  of  Mr.  Marion  (  September  20th).  However, 

X  may  have  to  see  th©m  "both  together  on  my  next  trip  (in  about  a  month). 

Saw  Mr.  sirghi  of  S.  Hub  in  in  Philadelphia  and  got  two  reels  from 
him,  one  new  and  one  old.  These  will  be  waterproofed  and  reshipped  today 
for  his  examination  and  experiments. 


Saw  Mr.  Kennedy  of  the  Biograph  Company  Saturday  at  52  Broadway  and 
was  much  impressed  with  his  views  of  the  film  situation.  He  seems  favorably 
inclined  to  our  proposition,  but  was  quite  solicitous  for  Mr.  Geo .  Kline  who 
had  no  manufacturing  plant.  I  told  him  we  could  probably  arrange  to  coat 
Mr.  Kldine’s  films  in  our  factory  so  that  it  would  not  cost  him  much  more 
than  the  others.  iene  is  a  situation  X  want  to  talk  with  you  on  when  X 
see  yon  again.  'Mr  Kleine  is  due  in  Hew  fork  this  week  and  Mr.  Kennedy 
is  to  take  up  the  matter  with  him.  left  two  contracts  for  Mr.  Kennedy 
to  read  and  sign.  •  ^ 

Mr.  Spoor  reports  favorably  on  the  coated  negative,  admitting  that 
the  print'  from  it  is  clearer  cut  and  shows  finer  detail  than  from  ordinary 
negatives.  Part  of  the  print  was  from  ordinary  negative  and  part  from 
waterproofed,  and  it  is  said  the  difference  was  very  apparent;  I  have  not 
seen  it. 

Mr.  Selig  is  still  away  but  is  expected  home  October  15th.  Mr.  Berst 


National  Wuzrproof  Run  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pcnoino 
4200-4202  WEST  ADAM  S^ST. 


Mr.  G.  P.  Si—  #8. 

of  Pathe  Praxes  is  to  be  in  Chicago  the  latter  part  of  this  month  ana  X 
hope  to  get  him  sufficiently  interested  to  at  least  take  a  ride  out  to 
our  plant. 

Most,  of  your  machinery  is  boxed  and  will  be  shipped  some  day  this 
week.  We  have  two  surplus  sets  of  machines  at  the  machine  shop  which  will 
probably  be  completed  this  week.  As  it  takes  so  long  to  build  them  I  am 
inclined  to  order  another  five  sets  from  the  present  outlook  of  probable  need. 
7lhat  is  your  advice  on  this? 

It  may  interest  you  to  know  that  our  city  man,  Mr.  Beadell  found,. here 
‘a  place  that  furnishes  N.-I.  titles  to  independents  and  learned'. that'  the  stock 
came  from  Eastman,  all  of  which  he  reported  to  Mr.  John  Rook, ‘who  I  think 
intends  notifying  the  M.  E.  P.  Co.  in  due  course. 

X  believe  my  trip  was  opportune  and  will  result  in  great  good,  paving 
the  way  for  closing  up  a  number  of  contracts  on  next  call. 


I  was  glad  for  the  few  minutes  conversation  with  you,  and  hope  to 
see  you  again  before  long.  Please  remember  me  to  Mr.  Dyer  and  say  that  I 
regret  not  having  an  opportunity  to  welcome  him  back  to  the  "land  of  the 
free"1. 


V/ith  best  wishes,  I  remain 


Yours  very  truly. 


HAIIOHAl  WAIERPROOP  PIIM  COMPANY  . 


National  IfesreepaooF  Film  to. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  ano  machinery  Patents  Pending 

4200-4202  WEST  ADAMS  ST. 

©saaem®. 

Sept.  18th,  1909. 


Gfso.  F.  Scull,  Asst,  to  Vice-Pres., 

Edison  Mfg.  Co., 

Orange,  II.  J. 

Dear  Slr:- 

We  are  shippihg  today  three  sets  of  machinery  as  per  enclosed 
invoices.  Mr.  Thompson  will  he  in  Orange  hy  the  time  this  machinery 
arrives  to  superintend  the  installation  and  teach  your  people  how  to  run 
it.  V/e  are  also  shipping ;in  the  same  car  four  tanks  of-  solution. 


recei'v  ... 

SEP  20  ISu- 

I1 

’  RECIL«  W.;D  1 
SEP  -•  .  >i 

^  G.  F,  SCULl 

J  ' 

t  f  ‘ **'■  , 

Hoping  that  the  shipment  will  reach  you  without  mishap,  we  remain 
Yours  very  truly. 


NATIONAL  WATERPROOF  FILM  CO. 


Pres. 


Orang.e.,...D.„....J.. 


.^National  Waterproof  Film  Company 

4200-4202  West  Adams  Street 


28 

Cases  ' comprising  3  sets  of  machinery,  each  set 
consisting  of  1  coating  machine,  1  drying  machine, 
and  1  sizing  machine,  at  $1000.00  per  set 

$300C 

00 

Dryers  Dos.  10,  11  and  12. 

Coaters  Dos.  IQ,  ll  and  13 

Sizers  no  numbers. 

Shipped  via  Pennsylvania  Railroad. 

Marked  Dational  Waterproof  Film  Co., 

§ 

c/o  Edison  Hfg.  Co.,  Orange,  D.  J. 

‘  CODSISKED" 

HLMIONAL  WffBRPROOP  hUi  G(X 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 


©&an©fiva©» 

Sept.  SVth,  1909. 


Geo.  F .  Scully  Asst.  Bo  Vice-Pres., 
Edison  Mfg.  Co., 

Orange,  If.  J. 


RECEIVED 
SEP  29 1909 
G.  F.  SCULL 


Dear  Sir:- 

Some  days  ago  we  ordered  from  the  Chicago  Pneumatic  fool  Company 
an  air  compressor  and  tank  to  he  shipped  to  us  in  your  care  at  Orange.  T/e 
ordered  the  tool  company  to  prepay  the  freight,  hut  they  call  us  up  today  and 
advise  us  that  this  matter  was  overlooked.  Therefore,  if  you  will  kindly 
pay  this  freight  and  send  ns  a  hill  for  it  we  will  he  very  glad  to  credit 
you  with  it. 


Mr.  Thompson  left  Saturday  and  is  no  douht  in  Orange  hy  this  time. 
We  calculated  that  the  machinery  would  all  he  there  early  this  week  and 
he  is  to  remain  and  set  it  up  and  get  the  Edison  people  started  in  this 
waterproof  improvement. 


I  had  an  interview  with  Mr.  Berst  Saturday  and  he  has  promised 
before  leaving  Chicago  to  come  out  and  see  us.  He  says  in  his  trip  around 
he  has.  heard  a  good  deal  about  our  proposition  and  most  of  it  was  favorable. 
He  was  particularly  interested  in  the  negative  which  I  told  him  we  had  coated 
for  Mr.  Spoor.  He  was  to  see  Spoor  Saturday  afternoon  and  look  into  the 
matter  further.  He  gave  me  a  reel  to  coat  for  him  which  will  he  delivered 
today.  He  says  if  this  improvement  had  come  up  before  the  non-inflammable 
film  he  would'  not  have  hesitated  to  adopt  it,  hut  inasmuch  as  he  has  to 
pay  1/2  £  more  for  If.  I.  it  will  require  considerable  figuring  for  him  to 
add  another  l/3 j  to  the  product.  I  suggested  that  eventually  this  might 
he  covered  hy  increased  price  to  the  exchanges,  hut  he  seems  to  appose 
this.  Says  that  he  will  not  consent  to  increasing  price,  thinks  the  exchanges 
are  paying  enough  now.  However,  as  with  waterproofed  films  the  exchanges 
ought  to  he  able  to  get  more  out  of  them  Mr.  Berst  may  change  his  mind. 

Have  not  seen  Mr.  Spoor  since  his  return  from  Hew  York,  hut  hope 
to  do  so  today. 

Yours  very  truly. 


A AsUo  <LdJUU  A.  P.  — 


HATIOITAI,  WATERPROOF  FILM  COMPAHY 


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Oct.  6th,  1909. 


F.  W.. Dove joy,  General  Mgr., 

Manufacturing  hep  to., 

Kastman  Kodak  Co.,. 

Hoohestor,  H.  Y. 

I  Dear  Sir:- 

!  Answering  yours  of  ootobor  4th,  wo  shall  "be  pleased  to  waterproof 

for  you  without  charge  any  number  of  feet  required  for  your  Investigation 
or  experiment.  We  shall  bo  very  glad  of  your  approval  of  our  olalms; 

I.  our  waterproofing  is  the  first  praotioal  invention  designed  to 
protect  the  aevolopod  pictures  of  a  moving  picture  film. 

II.  Drying  as  hurd  aB  oelluloid  it  is  loos  liable  to  ooratoh  than  is 

the  ordinary  unprotected  golatine.  . 

III.  If  scratches  should  ooour  or  dirt  ana  grease  accumulate  the  film 
may  be  easily  washed  with  soap  ana  water  by  reeling  through  a  wet  cloth 

;  hold  in  the  hand. 

IV.  Holding  all  tho  particle a  of  the  emulsion  under  cover  it  prevents 
stiolring  at  the  gate  of  the  projecting  machine.  Per  this  reason  the  loop 
has  loss  vibration  and  consequently  tho  piotareB  on  tho  scroon  are  Btoadior. 

V.  It  retards  evaporation  of  tho  glycerine  in  tho  emulsion  by  bottling 
it  up  so  to  spook  and  therefore  a  waterproofed  film  will  not  become  brash  and 
brittle  as  soon  as  one  not  so  treated. 

VI.  Drying  with  a  smooth  shiny  surface  it  oIIowb  more  light  to  penetrate 
and  therefore  Bhows  a  olearor  picture  on  tho  screen. 

VI!.  Wo  believe  that  moving  piotnre  negatives  coated. wlthnoUr  solution 
will  make  clearer  prints  and  assist  materially  in  bringing  out  detail* 

Till.  Under  a  praotioal  test  in  a  projecting  machine  waterproofing  does 
'  not  add.  to  tho  inflammability  of  your  non-inflammable  film  1,8.  Undor  on 
’exposure  to  concentrated  light  rays  it  will  not  flame  anymore  than  will;  the 
same  film  vdiioh  is  not  ooated.  Held  in  a  certain  way  and  subject  to  uniform 
air  drafts  H.-I.  film  oan  bo  made  to  flame  by  applying  a  match  to  tho  bottom 
edge.  Under  this  test  when  waterproofed  it  seems  to  bum  a  trifle  mojre 
t  .peadily0  but  so  little  more  as  to  be  scarcely  not  ioe able  ,;,  At  any  rate  wo 

this  is  net  a  practical  test  as  no  one  is  likely  to  hunt  unusual  eondi- 


^ional  WtarcRPRooF  Film  Co, 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 


tiona  to  turn  something  they  should  want  to  proservo. 

„  .  Hi  J?°  °lal?  that  waterproofing  adds  to  tho  strength  of  an  B.-I.  film. 

tonsiio1atrragthUtlnK  13  V0Iy  thin  ^  18  exceedingly  tough  and  has  ronarkablo 

aTj  not  to  Pa1*  after  waterproofing,  beoanse  of 

reauoed  -frlotion  and  amoother  joints.  Ordinary  jointa: 

baterproofed  joints:  --  i>  .  Bote  hlaok  triangular  spot  which  ropre- 

B?£B"a*Sr3?r2°£  ^80atJin?  forming  a  slide  fox  ahstmotion  vs.  the  abrupt® 
stop  on  unooated  film  indicated  by  arrow.  . 

,  Waterproofing  will  not  blister  or  pool,  and  if  scratched  off  on— 

tirely  in  spots  will  not  allow  water  to  go  between  it  and  tho  omulBion. 

coating  machinery  (patents  allowed)  sproads  this  solution  all 
around  the  sprocket  holes  without  clogging  or  going  through.  Our  drying 
^inn2?rA™ent072  5°  allora),lB  ontiroly  difforont  from -the  old  stylf 
reels  or  drums.  It  has  no  tension  and  thoroforo  oannot  Btretoh  a  film 
d^yinj?  ***'  0118103  in  **  WhlCh  ar°  80  0ften  eno°ar'torc4  from  reel 

V'fc?  v°urt  y?;lf  2°^i«to  investigation  and  any  suggestions  for  im¬ 
provement  which  you  wish  to  offer  will  bo  thankfully  and  carefully  considered. 

Yours  very  truly, 

HAT101IAI  WASEKPROOP  FILM  COKPAUY 


Pros. 


Mr.  Geo.  P.  Scull-, 

Asst,  to  the  Vice  President, 

^  Edison  Mfg.  Co. 

Orange,  H.  J. 

My  dear  Mr.  Scull: 

My  trip  to  Philadelphia  resulted  in' a  contract  with 
Lubin,  substantially  the  same  as  the  one  with  the  Edison  Company. 

The  principal  change  being  that  should  Lubin  find7  water-proofed 
films  undesirable  he  can  cancel  the  contract  by  written  notice 
without  continuing; use  for  90  dayo  and  without  submitting  his  reasons 
therefor  to  arbitration.  His  argument  was  that  if  he  found  the  pro¬ 
cess  injuring  his  product  he  didn't  want  to  be  forced  to  continue 
the  injury  while  a  Board  of  Arbitrators  considered  the  matter  for 
three  months.  He  :said  he  would  not  allow  our  company  to  go  to  the 
expense  proposed  if  he  didn't  believe  in  our  process,  and  that  he 
would  continue  its  use  indefinitely.  He  is  certainly  in  a  hurry  to 
get  started.  Another  difference  between  thiB  contract  and  the 
Edison  one  is  a  clause  providing  that  if  the  counter  gets  out  of 
order  or  fails  to  register  correctly  Bubin's  books  shall  be  the 
basis  for  our  bills.  One  other  difference  is  that  the  solution 
shall  be  f  .o.b.  Philadelphia  instead  of  Chicago,  but  thiB  amounts 
to  little  as  we  shall  eventually  mix  it  in  the  east. 


I  interviewed  Mr,  Smith  of  the  Vitagraph  Company  Wed¬ 
nesday  evening  and.  saw  the  reel  run  which  we  waterproofed  for  them. 
It  has  been  in  regular  service  and  has  been  run  about  360  times. 

It  has  not  been  washed  and  of  course  showed  considerable  rain. 

After  seeing  it  on  the  screen  Mr,  S.  examined  it  carefully  and  said 
he  saw  some  good  points  about  our  proposition  which  I  had  overlooked. 
He  would  not  say  what  they  were.  He  was  surprised  to  hear  Lubin  had 
signed  for  he  said  there  wbb  an  agreement  that  none  of  the  manufac¬ 
turers  would  sign  until  after  another  meeting.  He  adviBed  me  to 
make  no  further  efforts  for  contracts  until  such  time  when  he  felt 
sure  all  of- them  (the  manufacturers)  would  follow  Edison. 

I  met  both  Mr.  loyejoy  and  Eastman  in  Rochester  Thurs¬ 
day.  Mr.  E.  said  as  far  as  they  had  investigated  they  were  favor¬ 
ably  impressed  with  our  improvement.  Mr.  E.  is  satisfied  to  supply 
us  with  solution  made  from  H.  I,  base  provided  he  can  make  it  suit¬ 
able.  At  present  it  is  a  slow  dryer  and  unless  they  can  find  some 
way  to  hasten  this  we  could  not  use  it.  He  is  not  sure  either  that 
it  would  flow  smoothly.  However,,  he  is  to  put  his  chemist  to  work 
and  see  what  can  be  done.  When  he  thinks  they  have  something  they 
will  send  us  a  gallon  to  try.  Mr.  Eastman  wants  nothing  said  about 
this  at  present,  so 'please  keep  it  between  yourself  and  Mr.  Dyer, 

Mow  about  finances:  We  have  immediate  need  of  the 
#2000  balance  Babson  owes  on  the  100  shares  of  stock  issued.  He 
says. he  has  not  been  authorized  to  pay  it.  I  understood  from  you 


This  will  make  $10,000  he  has-  paid,  in  and  will  clear  his  account 
on  our  books.  Even  this  amount  will  not  carry  us  until  we  get  suffi¬ 
cient  returns  to  Btand  alone,  especially  as  we  must  soon  buy  more 
machinery  for  bub in.  X  want  to  order  another  five  sets  because  it 
is  cheaper  than  to  get  just  three  (tubin' s  requirements).  This 
alone  means  over  $3,000*  besides  solution  we  must  make  to  supply 
him  with.  If  we  suooeed  in  selling  our  foreign  patents  for  $30,000 
or  anything  near  it,  we  shall  then  be  financially  easy  for  all 
time)(.  Transactions  of  this  kind,  however,  are  apt  to  drag  even 
after  agreements  have  been  reached,  so  that  we  cannot  calculate 
upon  it  in  our  present  emergency.  It  seems  necessary  in  addition 
ip  'fclie  $2,000  referred  to,  that  Babson  should  early  next  month 
subscribe  ahd  pay  for  another  50  shares  of  stock.  If  you  have  any 
other  plans  I  should  be  glad  to  hear ' theik.  'Meanwhile  I  remain, 

P.S.  Bell  &  Howel  say  new  washing  machine  will  be  ready  to  test 
Monday  or  Tuesday, 


October  28,1909. 


Mr,  W.  A.  Daniels, 

4200  West  Adams  atreet, 

Chicago,  Ill. 

Dear  Mr.  Daniel3:- 

Yours  of  the  23d  inst.  has  been  reoeived 
and  I  have  taken  it  up  with  Mr.  Dyer.  Mr.  Dyer  believeB 
that  your  oonoession  to  Lubin  was  a  move  in  the  wrong 
direction,  sinoe  it  v/ill  be  possible  for  Lubin  to  throw 
back  on  your  hands  the  whole  plant  which  you  may  install 
for  him,  long  before  the  royalties  shall  have  paid  for 
it.  You  will  recall  that  we  always  figured  that  the 
royalties  for  three  months  would  praotioally  pay  for  the 
installation  of  the  machinery,  so  that  if  a  manufacturer 
gave  up  the  process  after  that  time,  we  would  come  out 
whole  in  the  matter.  Mr,  Bjfer  suggests  that  you  take 
up  this  matter  at  onoe  with  Mr.  Lubin  und  tell  him  that 
your  Board  of  Directors  do  not  apporve  of  this  oonoession 
but  that  they  would  be  willing  to  do  so,  provided  that  he 
guarantees  the  cost  of  building  and  installing  the  ma¬ 
chinery  in  oase  he  should  ©irrenderphis license  before  the 


Mr.  W.  A.  Daniels . 


ninety  days  are  up.  Since  Lubin  haB  done  nothing  whatever 
under  this  license  agreement,  it  is  q^ite  correct  logully 
to  have  your  Board  of  Directors  repudiate  the  contract. 

You  will  appreciate  that  having  given  this  concession  to 
lufcin,  it  will  probably  be  necessary  £o  give  it  fib  all 
of  the  other  Manufacturers  and  in  case,  for  any  reason, 
they  in  turn  would  give  up  the  process  before  the  ninety 
days  are  up,  it  would  necessarily  result  in  a  very  large 
loss  for  the  Waterproofing  Company. 

The  other  two  concessions  which  you  granted  to 
Lubin,  Ur.  Dyer  thinks  are  immaterial. 

Mr.  Dyer  has  authorised  me  to  write  to  Babson 
to  take  out  the  remaining  §2,000.  in  stock,  which  1 
have  attended  to  today. 

Yours  very  truly. 

Assistant  to  Vice-President. 


GFB/ARK. 


THE  WESTERN  UNIOM  TELEGRAPH  COMPANY, 


24,000  OFFICES  IN  flPM ERICA.  "cABLE  SERVICE  TO  ALL  THE  ”/ORLD. 


Orange,  N.J, 


My  dear  Mr.  Scull: 

In  reply  to  your  28th  ult.,  I  found  yesterday  that  I 
had  overlooked  advising  you  of  one  other  change  in  contract  with 
I.ubin.  I  therefore  wired  you  as  follows  and  now  confirm: 

"Overlooked  one  other  clause  Philadelphia  contract 
reading  'Agreement  shall  not  he  construed  to  prevent 
licensee  from  selling,  leasing  or  exporting  film 
so  coated  with  said  process  in  any  countries  of 
Europe.'  In  view  of  prospective  Berst  sale  should 
this  he  cut  out.  Answer  quick,  our  Board  meetB  ten 
o'clock  tomorrow." 

I  think  this  is  of  more  importance  than  the  cancella¬ 
tion  without  notice  clause,  and  am  glad  to  have  this  verified  hy 
your  telegram  just  received,  reading: 

"In  view  of  possible  Berst  contract,  think  very  unwise 
to  make  any  quarantees  as  to  sale  in  Europe  of 
American  water-proof  films." 

Our  Directors  met  this  morning  and  I  enclose  you  a  copy 
of  their  minutes,  So  that  you  may  he  fully  satisfied,  I  am  Bend¬ 
ing  the  Bubin  letter  and  resolution  to  Thompson  for  his  signature 


-2- 

with  a  request  that  he  submit  it  to  you,  and  if  0.  K.  mail  it  from 
Orange  to  I>ubin  in  Philadelphia.  If  not  correct,  all  papers  may  be 
returned  to  Chicago  where  changes  you  may  suggest  will  be  made  and 
then  mailed  direct.  Thompson's  signature  is  really  not  essential, 
and  possibly  not  legal,  because  of  his  absence  from  the  meeting. 

If  you  so  decide,  he  can  withhold  his  signature  from  the  resolution 
and  mail  to  Bubin  just  the  same.  I  feel  that  in  over-anxiety  to 
close  with  Lttbin,  I  made  an  ass  of  myself,  for  which  I  hope  Mr. 

Dyer  will  pardon  me  long  before  I  forgive  myself . 

Babson  says  he  will  give  us  §2,000':  tomorrow, .  but  I  have 
an  idea  it  comes  hard,  and  that  he  is  depending  upon  a^tf.eii^tance 
from  you.  However,  this  is  intuitive  only,  as  I  know  nothing  of 
your  financial  relations.  I  do  know,  however,  that  $2,000  will  do 
us  but  very  little  good  and  that  he  should  subscribe  for  another 
$5,000  of  stock  at  once. 

Acting  on  the  advice  of  Vitograph  Smith,  I  am  anxiously 
awaiting  the  results  of  next  Patent  Co.  meeting.  Oan  you  say  when 
it  will  occur? 

Washing  Machine  test  has  been  put  off  by  Bell  and  Howell 

Yours  truly, 


until  tomorrow. 


Mr.  Dyer:- 

The  situation  in  reference  to  the  National 
Waterproofing  Company  is  substantially  as  follows: 

The  machinery  for  the  Edison  Company  has  been 
fully  installed  and  a  complete  amount  of  coating  material 
to  last  for  several  weeks  has  been  provided.  Mr.  DanielB, 
the  President  of  the  Company,  has  been  travelling  around 
considerably  the  last  few  monthB  interviewing  the  various 
Manufacturers  and  getting  them  interested,  and  succeeded 
in  signing  a  contract  with  Lubin.  This  contract  was  not 
wholly  satisfactory,  and  the  V/aterproof ing  Company  has 
notified  them  that  they  are  not  prepared  to  go  on  with  it 
in  its  present  shape.  Lubin  will  undoubtedly  agree  to 
the  modifications,  which  are  not  of  great  importance. 

The  remaining  Manufacturers  all  speak  highly  of  the  propo¬ 
sition  and  express  their  willingness  to  join  in  the  coat¬ 
ing  of  film.  In  some  cases,  however,  it  will  be  a  physical 
impossfcility  for  them  to  install  the  necessary  machinery 
in  their  plants,  and  I  think  there  iB  a  tendency  to  hold 
back  until  they  see  the  result  of  the  coating  by  the  Edison 
Company  and  its  effect  on  the  trade,  rathe  Freres,  repre¬ 
sented  by  Mr.  Berst,  has  told  Mr.  DanielB  that  he  wishes 
to  take  up  the  proposition,  and  would  recommend  it  to  the 
French  Company.  Mr.  Berst  also  is  negotiating  for  the 


-1- 


purchase  of  the  foreign  patents  and  has  taken  to  Paris 
a  written  proposition  from  Mr.  Daniels  offering  to  sell 
the  foreign  patents  for  $30,000,  provided  Pathe  Ereres 
in  this  country  sign  a  license  agreement.  MT.  Beret  toll 
Mr.  Daniels  that  he  would  personally  reoommend  this  ar¬ 
rangement. 

The  Waterproofing  Company  has  huilt  two  addi¬ 
tional  sots  of  machines,  besides  those  installed  in  the 
Edison  Company’s  plant,  in  anticipation  of  additional 
licensees.  Up  to  date,  the  V/aterproofing  Company  has 
spent  about  $9,000.,  the  largest  item  in  this  is  some 
three  thousand  dollars  for  the  building  of  the  five  Bets 
of  machines,  v/hich  does  not  include  the  amount  expended 
by  the  Company  in  installing  the  machinery  in  the  Edison 
Company's  plant,  which  will  run  up  to  quite  an  item. 

The  weekly  pay-roll  of  the  Company  amounts  to  about  $125. 
of  which  Mr.  Daniels  and  Mr.  Thompson  each  receive  $30. , 
the  remainder  being  made  up  by  the  Balary  of  the  steno¬ 
grapher  and  workmen  around  the  plant.  Mr.  Daniels'  tra¬ 
velling  expenses  have  also  been  necessarily  heavy.  ThiB 
amount  also  includes  the  attorneys'  fees  for  filing  and 
prosecuting  U.S.  and  foreign  applications,  and  a  consid¬ 
erable  amount  of  coating  material  has  been  prepared  and 
is  on  hand  in  Chicago,  undergoing  an  ageing  prooeBB. 

Mr.  Babson  has  now  advanced  $10,000.  and  hue 
written  requesting  that  thiB  amount  be  repaid  as  soon  aB 
possible.  Mr.  BabBon  reports  that  the  affairs  of  the 


-2- 


I 


Company  in  Chicago  are  being  managed  economically,  and  to 
prepare  for  possible  contracts,  which  will  involve  the 
building  of  new  machinery,  it  might  be  advisable  to  ad¬ 
vance  $5,000.  more  to  the  V/aterproof ing  Company,  as  we  are 
obligated  to  do  under  our  contract .  This  latter  sum,  how¬ 
ever,  is  not  urgently  needed,  since  they  have  about  $1500. 
in  the  bank  which  will  cover  current  expenses. 

G.  g>S. 


GI'S/ABK. 


Xov.  IS, 1909. 


Mr.  Vi.  A.  Daniels, 

4200  Vie at  Adams  Street, 

Chicago,  Ill. 

Dear  Mr  Daniels 

Mr.  Dyer  suggests  that  you  obtain 
copies  of  the  patents  on  the  Drier  and  Coater,  just 
issued  to  the  7/aterproof  ing  Company,  and  send  them  to 
the  Licensed  L-unuf  soturers  with  the  ot  afcoraent  that 
other  and  broader  applications  are  ponding  on  the  method 
and  article.  Hr.  Dyer  believes  that  this  will  not  only 
tend  to  stir  them  up,  but  will  show  that  there  really 
are  some  patents  back  of  your  proposition. 

Yours  very  truly, 

Assistant  tp  Vice-President. 


GPS/ ARK. 


NAnoNAL  Wmmmmmw  nun  ©a 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  an o  Machinery  Patents  Pending 

'♦200-4202  WEST  ADAMS  ST. 

©G<i!i©<a©®a 


Hov.  15th,  1909. 


j  RECEIVE:"!1 
j  NOV  1 7  i'jij'j 

.  G.  F.  SCULL. 

Dear  Sir:-  ■ 

We  are  in  receipt  of  yours  of  the  13th  and  wish  to  thank  you  for 
your  suggestion  as  to  procuring  copies  of  our  patents.  Same  has  already 
been  acted  upon. 

It  may  interest  you  to  know  that  Friday  last,  we  closed  a  contract 
with  Mr.  Spoor  which  is  in  every  way  identical  with  the-  contract  we  have 
with  you.  We  have  been  told  that  Mr.  Selig  has  stated  that  he  would  sign 
with  us  if  Mr.  Spoor  did,  so  we  are  going  to  get  after  him  scientifically 
in  a  few  days. 


i  Scull,  Asst,  to  Vice-Pres., 
Edison  Mfg.  Company, 


We  have  just  had  a  telephono  call  from  Mr.  George  Eleine  who  in 
his  sweetest  tones  informs  us  that  he  ha3  three  sets  of  fight  pictures, 
each  set  consisting  of  2500  feet  which  he  is  about  to  ship  to  the  Yale  Amuse¬ 
ment  Company  and  that  the  Yale  people  want  them  waterproofed.  You  lcnow  we 
have  done  work  for  the  Yale  Company  before  and  this  is  evidence  that  they 
are  pleased  with  the  results. 


Saturday  we  had  a  call  from  Mr.  Arthur  Roussel,  whose  card  states 
that  he  is  manager  of  the  Paths  Freres  factory.  Bound  Brook,  II.  J..  He 
brought,  credentials  from  Mr.  Berst  and  says  that  he  oame  specially  to  see 
our  machinery.  He  returned  East  Sunday  night.  He  requested  a  coating 
machine  to  send  to  Paris  so  that  Mr.  Paths  could  examine  it,  but  we  have 
none  we  oould  spare  for  that  length  of  time  so  compromised  by  promising 
to  have  some  photographs  taken  which  we  will  send  him  in  a  few  days. 

He  expects  Mr.  Berst  to  arrive  in  Hew  York  Saturday  next.  He  seemed  very 
well  pleased  with  our  machinery,  asked  a  lot  of  questions  about  it  and  saw 
us  coat  a  film. 


Ho  other  news  at  the  present  time,  so  we  remain 
Yours  very  truly, 

RATIONAL  WATERPROOF  FILM  COMPANY 


November,  18,1909. 


Ur.  Thompson:- 

1  have  been  going  over  the  matter  of 
amending  the  claims  whioh  have  been  rejected  by  the 
Patent  Office  -with  Ur.  Dyer,  and  acme  question  arose  aB 
to  what:,  really  takes  place  when  your  air  blast  is  ap¬ 
plied  to  the  film.  1  understand  that  you  use  a  pressure 
of  about  60  lbs.  Does  this  blast  dry  all  coating  materi¬ 
al  out  of  the  perforation,  so  that  .the  perforation  iB 
identically  the  some  size  on  the  coated  and  uncoated 
films/  You  might  best  this  by  measurement  or  by  running 
a  piece  of  film  over,  whioh  has  been  stained  black,  so 
that  we  will  be  able  to  see  the  layer  of  clear  coating 
material  on  the  inside  of  the  hole,  if  any  remains  there. 
If,  as  a  matter  of  fact,  the  size  of  the  perforation  is 
unchanged, .we  may  be  able  to  distinguish  your  process 
from  the  wire  screen -painting  machines  cited,  because 
obviously,  in  the  latter  case,  the  perforations  muBt 
necessarily  be  filled  up,  else  the  wires  would  not  be 
protected.  After  you  have  determined  this  question  to 
your  satisfaction,  I  would  be  pleased  to  talk  it  over 
with  you. 

G.  P.  8. 


GPS/ARK. 


sSHp ~  ■  ItolONMi  WnERPROW  niM  ©& 


Patents  for  waterproofing  machinery  (coater  ana  aryer)  have  re¬ 
cently  been  issued  to  us  as  per  enclosed  copies.  Other  and  broader  Patents, 
on  the  improvement  of  films  made  washable  in  water  as  well  as  the  method 
by  which  we  accomplish  this,  will  soon  be  issued  to  us. 

We  are  building  through  Messrs.  Bell  and  Howell  of  this  Oity  a  small 
compact  washing  and  drying  machine.  Phis  we  propose  selling  to  Exchanges 
at  a  low  price  to  facilitate  keeping  films  which  are  waterproofed  in  clean 
and  rainless  condition.  This  machine  can  be  worked  by  hand  or  by  a  small 
motor  (1/12  h.p.).  Embodying  several  new  and  useful  principles  thiB  machine 
will  be  protected  by  patents.  It  will  be  ready  for  the  market  within  three 
or  four  weeks. 


We  now  have  contracts  with  film  manufacturers  which  will  require 
all  the  waterproofing  machinery  we  can  build  and  install  up  to  February  1st. 
This  is  our  apology  for  urging  your  immediate  and  seriouB  consideration  of 
ah  arrangement  with  us,  by  y/hich  as  soon  as  possible  your  product  too  may 
be  waterproofed.  This  process  has  so  many 'advantages  over  the  old  style  of 
unprotected  film  that  it  must  soon  supersede  the  old  altogether.  We  be- 
lieve  the  opportunity  offered  you  and  your  confreres  to  control  this  improve¬ 
ment  should  be  acted  upon  at  once  by  you. 


If  there  is  any  part  of  our  proposition  you  do  not  understand  we 
shall  be  glad  to  explain  ftirther  by  letter  or  personal  interview  through 
appointment. 

Awaiting  your  early  reply,  we  remain 

YourB  very  truly. 


NATIONAL  WATERPROOF  FIIM  COMPANY 
Pres . 


November  30/09. 


«S6kx-o.  fjilltton  &  Uillaon, 

Momwinock  Building, 
chiouao,  m. 

Gentlemen 

Your  a  of  the  11th  inot.  with  enalooufeu  was 
received  By  hr.  Bycr,  and  the  references  have  been  carefully 
considered.  Of  course,  you  will  appreciate  that  the  first 
objection  to  the  references  is  that  they  relate  to  a  non- 
analogouo  art  and  would  hardly  surest  the  process  of  the 
application. 

'fhe  greatest  difference  between  the  process  of 
the  application  and  the  cited  art  scores  to  be  that  in  the 
former,  the  a||V blaBt  must  be  used  in  such  a  way  as  to 
prevent  not  only  the  ooating  material  from  working  through 
to  the  back  of  the  film,  but  aleo  from  remaining  in  the 
perforations.  In  other  words,  the  size  of  the  perforation 
before  and  after  coating  is  exactly  the  same.  On  the 
other  hand,  in  the  wire  painting  devices,  Jj||jne  of  the  paint 
muBt  remain  in  the  perforations,  otherwise  there  would  be 
an  uncoated  eeotion  of  each  wire  which  would  have  a  tendency 


//2  Lie  sera.  Gillson  &  Gillaon. 

to  rust  it.  In  other  word3,  in  the  process  of  the  expli¬ 
cation,  cai  air  blast  relatively  strong  as  compared  with  the 
vincoucity  of  the  coating  compound,  is  used,  whereas  in  the 
painting  machine  an  air  blast  relatively  light  compared 
with  the  visocusity  of  the  paint,  ic  uoed.  It  would  seem 
that  the  first  claim  could  be  distinguished  from  the  prior 
art  by  adding  some  such  phrase  as  "  and  removing  the  coat¬ 
ing  mu|||'ial  completely  from  said  perforation" .  ifhe  second 
claim  might  have  added  to  it  "such  air  blast  having  suffi¬ 
cient  force  to  remove  the  coating  material  from  the  said 
perforation".  It  would  seen  as  if  the  third  and  fourth 
claims  are  not  anticipated.  The  whole  idea  in  back  of 
the  wire  coating  machines  in  to  have  every  part  of  the  wire 
covered  with  paint),  wheroao,  in  the  application  the  idea 
in  to  have  only  a  certain  very  .restricted  portion  of  the 
film  coated,  and  therefore,  claim  3,  it  would  Been,  iB 
sufficiently  limited  to  distinguish.  Certainly'  claim  4  iB. 

In  going  over  the  coating  process  ae  now  used, 
in  the  Edison  Company’s  plant,  several  things  have  cropped 
up  which  the  patent  applications  might  be  made  to  cover. 

Tor  instance,  unless  the  film  is  carried  through  the  coat¬ 
ing  machine  at  a  speed  sufficiently  high,  the  coating  ma¬ 
terial  wells  up  through  the  perforation  when  the  film  is 
over  the  first  roller  and  would  flow  over  the  beck  of  the  ' 
film.  In  other  words,  there  is  some  relation  between  the 


Messrs.  Gillson  &  Gillson. 


rate  of  flow  of  the  coating  oompound  and  the  rate  at  which  ( 

the  film  must  go  through  the  machine,  in  order  to  acoom-  j 

plia^  the  desired  results.  Mr.  Thompson  also  discovered  '( 

that  coating  film  immediately  after  it  comes  from  the  j 

developing  haths,  obviates  to  a  large  decree  the  wetting 
of  the  surface,  and  unless  the  application  of  Mr.  Thompson  ; 
covering  the  wetting  of  the  film  before  applying  coating 
material  is  broadened  somewhat,  it  will  hswe  little  value. 

It  would  seem  that  the  claims'  of  this  application 
could  be  so  worded  as  to  cover  the  idea  of  covering  a  previ¬ 
ously  dampened  film  before  the  water  has  had  an  opportunity 
to  dry  out.  This  would  include  not  only  the  process  as 
carried  on  by  Mr.  Thompson  in  his  plant  in  Chicago,  but 
also  as  carried  on  in  the  pluntB  of  the  manufacturers  of  film. 

Mr.  Dyer  suggests  that  the  claims  at  present  in 
the  case  be  allowed  to  remain,  and  that  you  should  attempt 
to  get  them  by  a  discussion  with  the  Examiner  pointing  out 
the  great  differences  An  the  arts  and  the  end  to  be  accom¬ 
plished. 

He  also  suggests  that  you  work  up  some  additional 
claims  embodying  the  foregoing  suggestions  and  insert  them  in 
the  application  so  that  in  case  the  present  olaims  are  reject¬ 
ed,  we  will  still  be  able  to  fall  back  on  the  narrower  ones. 

I  return  herewith  oopies  of  the  patents  cited. 

Your b  very  truly, 

GPS/ ARK.  Assistant  to  Vice-President. 

/iEncBir.'x;  , 


Deo.  2.  1909. 


Mr.  51.  S.  Thompson, 

c/o  National  Waterproof  Company, 

4200  West  Adams  8trest, 

Chicago,  111. 

Dear  Mr.  Thompson?- 

1  regret  to  say  that  trouble  has 
developed  on  the  coating  machines  and  I  thought  you  should 
be  advised  of  it  as  soon  as  possible,  so  that  you  oan  give 
some  thought  to  it  and  also  guard  against  the  Dame  thing 
occurring  in  the  new  muohlnes  whioh  you  arej  buildin© 

The;  guide  rodB  for  the  tapes  on  the  drier,  by 
reason  of  the  rubbing  of  the  tapes  against  j them,  are 
becoming  o over ed  with  a  very  fine  dUBt,  evidently  worn 
from  the  edge  of  the  tapes.  This  accumulation  beoame  so 
bad  yestsrday  that  it  was  necessary  to  stop  coating. 
Cleaning  the  rods,  of .  oourse,  removes  the  aooumhiation, 
but  obviously  this  cannot  be  done  all  the  time, I  and  the 
dust  is  so  fine  and  light  that  it  readily  shak^B  ontov the 
wet  film.  We  have  removed  the  guide  rods  from;  the  rear, 
half  of  the  drier'  where  the  film  is  wetteBt  arid  have  run 


Ur.  P.  S.  ThompBon. 


four  or  five  reels  over  it  today,  and  find  that  the 
tapes  run  true  without  these  guide-rods.  This,  of  course, 
obviates  the  greatest  difficulty,  although  it  does  not 
eliminate  it  entirely,  and  X  have  given  instructions  to 
remove  the  guide  rode  as  an  experiment,  throughout  the 
machines.  If  this  works  satisfactorily,  of  course,  the 
difficulty  is  removed,  but  I  think  you  should  know  that 
wherever  you  find  it  absolutely  necessary  to  provide 
a  stop  guide  for  a  tape  it  should  be  in  the  form  of  a 
roller  or  a  flange  moting  with  the  tape,  and  not  a  sta¬ 
tionary  member.  Ur.  Jamison  tells  me  that  you  assured 
him  that  these  guide  rods  were  absolutely  neoessary,  but 
as  you  hav  e  added  a  number  of  heavily  flanged  guide  rollers 
I  can  readily  soe  that  the  original  reason  for  these  guide 
rods  has  been  removed  without  your  realizing  that  the 
original  difficulty  has  been  overcome  by  thd  flanges  whidi 
you  added  later.  1 

1  shall  keep  you  informed  of  the1  result  of  to¬ 
day1  s  experiment  and  of  any  other  changes  which  ws  may 
make.  \ 

Yours  very  truly,.  \ 

\  i 

Assistant  to  Vice-President. 

\  ! 


CPS/ARK. 


NATJQMAi,  ^ffiiBPBOOF  FILM  to. 


F.  Scull,  Asst,  to  Vice-Fres., 
Edison, lifg.  Co., 


Your  favor  of  the  2nd  to  oiir  Mr.  Thompson  is  received  this  morning 
and  he  wishes  me  to  say  in  reply  that  our  new  machines  will  he  made  without 
the  wire  sectors  and  with  the  heavily  flanged  guide  rollers  which  you  now 
suggest.  Y/e  believe  this  must  overcome  the  dust  from  the  edge  of  the  tape 
which  you  speak  of. 

We,  have  had  a  very  busy  week  with  quite  an  order  from  lyman  H.  Howe 
Sinpe  lEtety^aturday  our  business  has  amounted  to  $269.00. 

U  /yA  Ve  Wil1  ship  next  week  four  tanks  of  solution  to  you.  Mr.  Thomps( 
calculates  by  the  time  it  arrives  in  Orange  you  will  almost  be  ready  for  it. 
Even  thought  you  are  not  in  need  of  it  I  believe  it  good  judgment  to  ship  it 


i  possible  freight  tie  up  t 


<  existing  in  the  Northwest. 


Yours  very  truly. 


NATIONAL  WATERPROOF  FIIM  COMPANY 


P.  S./mt.  Thompson  says  you  have  one  tank  of  thin  solution  and  one  or  more 
empty  tanks  which  you  were  to  return  to  us.  If  they  have  not  already  been 
shipped  please  see  that  shipment  is  made  at  an  early  date.  When  received 
will  send  you  credit  memorandum. 

sw" Ol*/  XI'X-o.  SU^CT  twi 


9th 

1909. 


Nr.  Geo.  P.  Scull, 

Asst,  to  V.Bres.  Edison  Mfg.  Co., 

Orange ,  Hew  Jersey. 

My  dear  Mr.  Scull-5 - 

I  think:  we  are  making  progress  with  Selig  hut  nothing  90  far 
which  is  tangible.  Klein,  however,  seems  to  be  falling  in  line  like  a 
veteran.  We  have  recently  water- proofed  about  50  reels  of  new  fight 
pictures  for  him.  Yesterday  he  gave  us  a  set  of  these  (unprocessed) 
films  which  had  been  run  many  times  and  were  in  bad  condition.  We 
cleaned  and  waterproofed  them,  as  we  judge  to  his  satisfaction,  for 
to-day  he  7/rites  us  to  call  every  Wednesday  and  Saturday  for  his  Bio- 
graph  releases  of  Thursday  and  Monday.  This  means  only  two  xeels  a 
v/eek  v/hieh  will  be  used  in  his  rental  department.  He  states,  however, 
that  if  good  reports  follow  these  two  he  will  have  all  of  his  rental 
releases  waterproofed.  This  is  a  right  about  face  forward  march  move¬ 
ment  on  his  part  both  pleasant  and  surprising. 

Mr.  Thompson  is  busy  remodeling  one  of  our  drying  machines, 
which  should  be  completed  and  tested  early  next  week.  He  will  then 
make  up  10  bbls.  of  solution  (material  for  which  has  been  ordered). 
After  this  he  will  put  in  another  week  or  two  in  Orange.  We  want  to 
find  why  your  films  are  so  much  more  twisty  than  any  others  we  get. 

The  three  we  get  every  week  from  Spoor  for  T.&.D.  of  San  Francisco 
give  us  no  trouble  at  all.  These  are  very  fresh  too,  in  fact  so  fresh 
that  we  sometimes  must  wait  for  them  at  Spoors  until  they  are  dry  e- 
nough  to  reel  up. 

Today's  Biograph  film  for' Klein  ran  perfectly.  Mr.  Thompson 
thinks  the  heat  in  the  vault  in  which  your  ra,w  stock  is  carried  may 


Mr.  Geo.  F,  Scull.  -2-  12/9/09. 

have  something  to  do  with  it.  It  should  be  easy  of  demonstration  by 
storing  (when  received  from  Eastman)  a  can  or  two  in  a  cool  place, 

Mr.  Thompson  thinks  also  that  films  should  be  reeled  up  from  the 
wooden  drums  instead  of  being  taken  off  in  skeins  when  every  strand 
is  turned  like  a  figure  eight.  He  thinks  this  twist  becomes  permanent 
or  at  any  rate  persists  to  some  degree.  He  would  like  with  your  oor- 
Oporation  to  experiment  in  avoiding  this  twist. 

Mr.  Thompson  feels  sure  that  his  revised  drying  machine  will  cause 
no  dust  but  fears  your  drying  room  and  coating  room  will  never  be  free 
from  this  trouble  in  present  locations.  Our  washing  machine  is  grow¬ 
ing  into  a  sure  success  and  I  shall  issue  a  general  letter  Saturday, 
regarding  it  (copy  enclosed.)  Gilson  says  there  are  claims  on  it, 
which  can  be  patented  and  unless  you  have  other  views  I  have  decided 
to  let  him  try. 

I  wish  you  would  let  me  hear  from  you  regarding  further  stock  sub¬ 
scriptions  by  Babson.  You  have  not  answered  my  Oct.  23rd  on  this  sub¬ 
ject.  We  are  not  suffering  at  present  but  I  want  to  avoid  it  in  the 
future. 

We  have  in  bank  today  $1240.32 

Petty  cash  42.84 

Missl.  Accts.  receivable  858.23 

do.  Edison  Mfg.  Company  1125 , 00 

$3266 . 39 

*  This  is  for  solution  sent  few  days  ago  and  includes 
one  tank.  ($225.00)  sent  to  replace  one  you  are  to 
return . 

We  owe  only  about  $300.00  but  we  have  out  standing  material  pur¬ 
chases  which  will  require  about  $1000.  We  shall  no  doubt  within  30 
days  collect  in  the  Missl.  accts.  but  in  the  moan  time  others  will  be 
on  our  books.  In  other  words  we  shall  always  have  from  $600.  to  $1000 
out  standing. 

We  have  not  yet  placed  order  for  Spoors  machinery  nor  shall  we  un- 


Hr.  Seo .  F.  Soull. 


-3- 


12/9/09 


til  the  new  dryer  has  been  tested. 

I  wrote  Mr.  Berst  yesterday  that  I  would  call  on  him  at  any  time 
he  said  -  just  a  gentle  push  you  know.  His  reply  may  determine  how 
soon  I  shall  see  you  -  Meanwhile  I  remain. 


WAD/BAP 


Yours  truly. 


[ijWiOiWIL  HfcHRPROOF  BlM  CO. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  'Water 

Process  and  Mach  in  cry  Patents  Pending 


Dec.  11th, ,1809 . 


S.  F.  Scull, 


Dear  Sir:- 


Asst.  to  Vice-Pres., 
Edison  Kfg.  Oo., 

Orange ,  H .  J  . 


For  the  purpose  of  testing  your  films  on  our  revised  drying 
machine  we  write  to  ask  if  it  would  he  possible  for  you  to  send  us  8  or 
10  unooated  reels  intended  for  Hr.  Hardin.  He  will  coat  and  deliver 


to  him  in  time  for  regular  shipment,  but  in  order  to  do  this  they  would 
have  to  be  shipped  to  us  a  day  or  two  earlier  than  usually  shipped  to 
him.  So  far  as  we  are  conoemed  one  day  earlier  would  be  time,  but  owing 
to  our  location  the  express  is  sometimes  slow  in  delivering  so  if  you 
oould  arrange  for  two  days  advance  shipment  all  possibility  of  delay 
would  be  overcome. 


Yours  very  truly, 

.  HAT  I01IAL  WATERPROOF  FIIM  COMPANY 


Dec.  16,  1909, 


MT.  F.  B.  Thompson, 

national  Waterproof  Film  Company,  , 

4200  West  Adams  Street, 

Chicago,  Ill. 

Dear  Mr.'  Thompson: - 

1  enclose  a  small  section  of  a  film 
ecrftt  out  by  us  about  Hov ember  23d,  which  has  been,  returned 
to  be  replaced.  You  will  note  that  the  waterproofing  has 
not  adhered  tothe  eraulBion.  It  is  true  that  o no  side 
J6f  this  film  has  evidently  been  badly  rubbed  by  a  worn 
roller,  but  nevertheless  the  centre  portion  Will/also 
bliet.er  when  bent,  showing  that  the  waterproofing' does 
not  adhere.  I  have  no  means  of  knowing  what  oaused  this 
and  1  would  be  pleaaqd^if  you  will  let  me  itnow  what  you 
surmise  is  the  ^trouble.  In  any  event,  I  thought  you 
would  bre  inter ebtodin  sooing  this  sample'. 

Yours  very  truly. 

Assistant  to  Vioo-Freoident . 

■V , 

•  y  \  \ 


. , n. 

gfs/ark, 

Eno.  I 


Deo.  17,  1909. 


Mr.  V/.  A.  Daniels, 

National  Waterproof  Film  Company, 

4200  West  Adams  Street, 
Chicago,  Ill. 

Dear  Mr.  DanieLs:- 


Your  telegram  has  heen  reoeived. 

On  inquiry  1  find  that  our  printing  plant  is  working 
right  up  to  the  shipping  point  and  there  is  apparently 
at  the  present  time,  praotioally  no  leeway  in  ship¬ 
ments  made  to  Mr.  liordin.  The  Kinetogrnph  Department 
also  express  some  concern  of  the  possibility  of  any 
of  the  films  being  damaged,  which  would,  of  course, 
delay  their  reoeipt  by  the  exchanges.  On  further  and 
more  careful  consideration,  and  in  view  of  the  fore¬ 
going,  it  Beems  to  me  inadvisable  to  have  theBe  films 
shipped  to  you. 

YourB  very  truly, 


CFS/ARK. 


Assistant  to  Vice-President. 


National  WoiRPRQor  Bum  Co. 

CAPITAL  $  IOO.OOO. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS  ST. 

©roaem®* 

.  Dec.  18th,  1909; 


000.  F.  Scull,"  Asst.-  to  Vice-Pres., 

Edison  Manufacturing  Co., 

Orange,  H.  J. 


My  dear  Mr.  Scull 

Mr.  Thompson  wishes'  me  to  say  in  reply  to  yours  of  the  16th 
that  the  film  complained  of  was  evidently  coated  without  passing  through  the 
sizing.  Mr.  Thompson  has  sized  one  end  of  the  piece  you  sent  and  coated  it; 
it  is  herewith  returned;  you  can  see  the  difference  at  once.  We  expect 
it  will  be  difficult  to  get  an  admittance  from  your  coating  room  that  this 
film  was  not  sized,  but  the  evidenoe  goes  to  show  that  such  was  not  the  case 
Yours  very  truly,  I 

NATIONAL  WATESP300F  FILM  COMPANY 


Pres, 


*  l 

.  National  Waterproof  Bus  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  wh  Water 

Process  and  Machinery  Patents  Pending 
4300-4802  WEST  ADAM  S^ST. 

<§wa©A©@* 


Dec*  27th,  1909. 


,  F.  K.  Batson,  Treas., 

National  Waterproof  Film  Co., 

Chicago . 

Dear  Sir :- 

The  machines  we  installed  in  the  Edison  plant  were  identical  with 
the  ones  used,  here  and  such  that  we  had  every  reason  to  Believe  Woixld  work 
satisfactorily.  Conditions  encountered  with  Edison  films,  however,  called 
for  some  experimental  changes  which  Mr.  Thompson  started  when  in  Orange, 
and  someone  has  religiously  continued  since  he  left.  From  unofficial 
sources  we  learn  that  these  changes  have  foroed  matters  from  Bad  to  worse 
-until  the  coating  plant  of  the  Edison  Manufacturing  Company  is  in  a  very 
much  demoralized  condition.  Mr.  Thompson  would  have  returned  to  orango  Be¬ 
fore  this  except  that  he  has  himself  Been  exceedingly  Busy  trying  to  improve 
machinery  here  to  take  care  of  conditions  as  found  at  the  Edison  plant. 

In  this  line,  working  night  and  day,  he  has  overhauled  all  of  our  ooaters 
and  reBuilt  one  drying  machine  entirely. 

Machine  shop  cost  on  this  to  date  has  been  about  §300.00,  But  he 
feels  confident  that  we  now  have  a  machine  which  will  take  care  of  a  pro¬ 
duct  like  the  Edison  and  he  will  leave  tonight  for  Orange.  It  is  his  in¬ 
tention  to  rebuild  the  Edison  drying  machines  to  correspond  with  the  new 
model  here.  As  evidence  that  no  time  has  Been  lost  I  can  say  to  you  that 
we  have  paid  considerable  for  over  time  and  that  parts  of  this  revised, 
machinery  was  delivered  to  us  at  midnight  Thursday  last. 

Ho  one  worked  Christmas,  But  yesterday  four  of  us  were  Busy  all 
day  compounding  solution  of  which  we  have  a  dozen  {value  $2400.00)  tanks 
made  and  paid  for  with  the  exception  of  about  $700.00  due  February  9th. 

The  new  exchange  washing  machines  cost  for  experimental  work 
nearly  $300.00,  (paid)  and  as  we  are  building  ten  of  them  at  $66.00  each, 
we  shall  soon  need  $660.00  for  this  purpose.  , 

We  have  orddred  three  sets  of  machinery  for  the  Spoor  contract  at 
a  price  of  $570.00  each,  hut  this  does  not  include  some  new  patterns.  Brushes, 
tape  and  heaters.  - 

Our  rent  ($100.00)  is  due  next  week  and  we  have  a  pay  roll  Saturday 
,(136.00).  Our  cash  on  hand  is  $228.03  from  which  Mr.  Thompson  will  take 
$50.00  for  his  today's  expenses  East. 


Moving  Picture  Films  made  Washable  with  Water 


This  in  brief  is  the  situation  which  I  am  sure  will  convince  you 
that  the  purchase  of  five  thousand  dollars  more  stock  does  not  mean  a 
plethoric  hank  account,  hut  an  actual  necessity  to  our  existance. 

„  .  .  .As  ^e  first  of  the  year  means  the  first  six  months  of  our  Company 

Organization,  we  are  working  upon  a  semi  annual  inventory  and  I  shall  he 
pleased  to  hand  you  next  week  a  complete  statement  of  our  affaire,  a  list 
of  assets  and  liabilities,  a  balance  sheet  and  such  other  figures  as  may 


Yours  very  truly, 

NATIONAL  WATERPROOF  FILM  COMPANY 


P.  S.  My  December  9th  referred  to  said,  we  have  in 

Bank  today - $1240.32 

Petty  Cash -  42.84 

Misc.  Accts.  Receivable - - — -  868.23 

Edison  Company  Acct. - 1125.00 

$3266 .39 

At  that  time  we  owed - 300.00  whioh  has  since  been  tm-ifl 

leaving - -$2966 .39 

Since  then  there  has  been,  a  credit  to  Edison  Company  for  returned 
solution,  $234.00.  The  balance  of  their  account  is  still  unpaid  so  for 
available  cash  we  must  deduct  $1125.00,  leaving  $1841.39. 

Our  Misc.1  Accts.  Receivable  today  are - ;a435 .14 " 

This  must  also  be  deducted  ,  leaving  “$1406.25 

Since  the:  9th  we  have  had  3  pay  rolls  amounting  408.00 
Which  we  also  deduct,  leaving - 998.25 

We  have  cash  on  hand  of  $228.03,  showing  that  we  have  spent  since 
the  9th  an  additional  $770.22.  Without  itemizing,  our  books  will  show  that 
we  have  spent  this  for.  chemioals,  machinery  and  general  expense,  and  to  con¬ 
tinue  doing  business  we  are  in  immediate  need  of  more  capital. 


Dear  Mr.  Scull : - 

The  Directors  of  the  National  Waterproof  Film 
Company  hart  a  meeting  yesterday  afternoon,  and  I  en¬ 
close  herewith  inventory,  financial  statment,  and  re¬ 
port  of  the  President. 

The  inventory  and  financial  statment  were  accept 
ed,  but  the  report  of  the  President  was  laid  on  the 
table,  for  the  reason  that  we  could  not  see  any  good 
reason  for  opening  a  New  York  branch.  The  principle 
argument  against  this  was  that  the  plant  now  in  oper-  ' 
ation  here  is  being  run  at  a  big  loss,  and  we  could 
not  see  on  what  basis  we  would  be  justified  in  opening 
a  New  York  Waterproofing  establishment. 

Of  course,  this  matter  is  entirely  up  to  you,  and- 
if  you  approve  of  i t  we  will  have  another  Directors’ 
meeting  just  as  soon  as  Mr.  Daniels  returns  from  the 
East. 

X  do  not  entirely  approve  of  the  inventory,  for  T 
think  a  great  many  of  the  items  are  high,  and  in  case 
of  solution  I  believe  it  is  entirely  wrong.  The  price 
figured  is  the  retail  selling  price,  and  not  the  cost 
price;  thus  the  inventory  shows  a  soiling  profit  before 
the  sale  has  been  made.  This  would  reduce  the  inven¬ 
tory  eleven  or  twelve  hundred  dollars.  However,  with 
an  accurate  understanding  of  the  matter  I  cannot  see 
that  there  would  be  any  harm  in  accepting  the  inventory 
just  as  he  has  made  it. 

Regarding  the  financial  statment,  there  has  been 


received  by  the  company  a  check  from  the  Edison 
Manufacturing  Company,  so  that  after  paying  sev¬ 
eral  bills,  v;e  still  have  a  ba lance  on  hand  of 
$403.94.  This  still  leaves  other  ..bills ,  for  which 
money  will  be  needed  between  now  and  the  first 
of  the  month.  One  is  for  Bell  &  Howell  amounting 
to  $660.00,  which  is  for  ten  washing  machines, 
that  I  presume  wore  ordered  with  your  permission. 

Regarding  the  Spoor  contract,  I  have  not 
seen  this  contract,  hut  presume  you  have.  Mr.  Dan 
iels  informs  me  that  it  is  an  exact  duplicate  of 
our  contract  with  the  Edison  Manufacturing  Company 
The  loss  to  date  consists  of  the  salary  account, 
rent  account,,  travelling  expenses,  and  patent  ex¬ 
penses.  The  profit  in  coating  films  would  just 
about  cover  the  incidental  expenses. 


JJi^rSlIKRIDAN  Road 


rrjs^ 

CU^UrZr 

KuJy  a, 

zi__<_<_^  t_  A» .  >/y 
/&\^u~r'  /b~s  "S  G -^jULB-, 

d  O-^r^u-aJL^ 

kr^J  cu  A^HLy  t^^-A^/<L. 

<^  L^cr  *-s  /~^lXv  /-^ 
Jy/-U^i_.  —  «?  ^L^jlj  J-Ju^  M’h- . 
yt_r  ■4—  jL-'i^th^-  ^^sJ-en^J 

(X^J--<-r-  ~A^J  aLt^JL-  S-a—  hs  /£*1 ^-c/ 


7 


<r~fl^U- y  t_ 


!  ClZa 


XX. 


Jan.  19,  1910, 


Mr.  V/.  A.  Daniels, 

National  waterproof  Film  Company, 

4200  V/eot  Adams  street, 

Chicago,  Ill. 

My  dear  Mr.  Danielsi- 

/  Youre  of  the  17th  inBt.  with  enclo¬ 

sure  is  at  hand.  I  hare  shown  Mr.  Dyer  the  letter,  as 
requested :by  you,  and  return  the  same  herewith.  In  this 
connection,  you  may  he  interested  to  know  that  Mr.  Etleine 
stated  th(e  other  day  that  he  had .  some  unwaterproofed  in- 
flij  raablq  fight  pictures  go  to  pieces  Just1  the  same  as 
the  waterproofed  piotureB,  and  that  :  iiq  his  opinion  the 
waterproofing  did  not  af f eot  the  result.  On  the  other 
hand,  I  think  there  was  some  lingering  'question  in  his 
mind j' whejther  the  waterproof ing  did  any  .^pod  or  not.  He 
had  a. letter  from  Mr.  Flintom  in  whioh  the  latter  stated 
th^.  the  Edison  waterproof  film  had  not  been  in  ubc  a 
sufficient  length  of  time  for  hini  to  determine  whether  or 
they  are  advantageous,.  Hr y  Marvin  W^t he  Biograph' 
Company  was  present  and  renuujke^  (that  i  t  appeared  that  the. 

A^terproofing  had  some  advantages,  bu,t  hardijy  sufficient 
ftintoifOEiiltheit: 


\  ..  i  ■ 

#2  Hr.  V.  A.  Datoiels. 

TheBe  statements  maj^'gfve  you  an  inkling  as 
to  what  the  other  Manufacturers  have  in  mind. 

Yours  very  truly,  / 

GPS/ARK.  Aesiatant  to  Vice-President. 

Eno. 


January  27,  1910. 


Mr.  G-.  3?.  Scull, 

Assistant  to  the  President, 

Edison  Manufacturing  Co., 
Orange,  IT.  J. 

Dear  Sir: 


A  special  invitation  is  extended  to  you,  to  call 
at  Room  149,  Hotel  imperial,  and  see  a  washing  machine  which 
washes,  dries  and  polishes  a  reel  of  waterproofed  film  in 
from  eight  to  ten  minutes.  The  machine  will  he  here  the 
balance  of  the  week. 


This  invitation  also  includes  Mr.  Dyer,  if  he  is 
in  lTew  York. 


Yours  truly, 


NATIONAL  WATERPROOF  FILM  00. 


•  * 

National  Waterproof  Film  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  ano  Machinery  Patents  Pending 

4200-4202  WEST  ADAMS^ST. 

©5Q(l©£Va@» 

Feb.  4th,  1910. 

Mr.  George  F.  Soull,  Asst,  to  Vioe-Pres., 

Edison  Mfg.  Company, 


Orange ,  H .  J . 

Dear  Sir:- 

I  was  unable  to  see  Mr.  Berst  again  before  leaving  Hew  York,  but 
from  the  talk  I  had  with  him  previous  to  telephoning  you  I  feel  confident 
that  we  will  connect  with  him.  The  Vitagraph  Company  I  feel  will  be  next,  as 
they  intend  to  put  up  a  Tie'll  building  in  which  they  have  planned  a  coating 
I  room. 

Had  a  very  pleasant  visit  with  Mr.  Singhi  in  Philadelphia;  was  in¬ 
vited  out  to  his  house  and  to  see  the  new  factory.  In  speaking  of  the 
cancelled  contract  he  said  It  was  really  the  best  thing  fi)r  both  of  us  because 
,  in  their  present  quarters  they  really  did  not  have  a  place  to  put  it,  but 
as  soon  as  the  new  factory  was  finished  they  would  adopt  the  coating  proposi- 
j  tion.  He  was  very  much  pleased  with  the  washing  machine  for  cleaning  water- 
I  ■  proofed  films  and  wo  are  going  to  send  one  to  his  exchange.  He  congratulated 

!  me  several  times  on  the  talk  X  gave  the  convention  and  said  that  this  was 

I  the  firBt  time  in  his  experience  where  any  outsider  had  such  a  chance.  Of 
j  course  all  this  made  me  feel  good. 

j  We  have  made  some  very  good  friendB  this  trip  with  such  people  as 

j  Howard,  of  Boston,  Miles  of  Hew  York,  iieber  of  Indianapolis  and  many  otherB. 

|  X  want  to  caution  you  not  to  allow  your  stock  of  solution  to  get 

j  down  too  low  and  to  say  that  I  should  be  pleased  to  receive  an  order  for 

j  five  or  six  tanks  from  you  by  return  mail. 

|  Yours  very  truly, 

HATIOHAIi  WATERPHOOF  FILM  COMPAEY 


Proa< 


z  ■ 

National  Waterproof  Rim  Co. 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  Washable  with  Water 


Skhksa®®, 

Feb.  7th,  1910. 


f^a 

La 


■J; 


George  F.  Scull,  Asst.  To  Vice-Pres., 

Edison  Mfg.  Company, 

Orange,  N.  J. 

Dear  Sir:- 

We  expect  the  Spoor  machinery  will  be  ready  to  deliver  on  the 
15th,  and  allowing  for  contingencies  cannot  bo  more  than  a  few  days  later.  This- 
will  call  for  a  payment  of  $1710.00.  In  addition  to  this  we  shall  have  to 
supply  heaters  and  air  condenser;  this  will  use  up  from  §150.00  to  §200.00 
more.  I  have  today  contracted  with  Bell  and  Ilowell  for  20  more  washing 
machines  at  $52.00  each.  These  are  promised  in  from  three  to  four  weeks. 

I  called  at  Spoor's  plant  yesterday  and  met  his  manager,  Mr.  Hamilton. 

JtMs 

I  find  hira^extremely  intelligent  and  -&■  well  bred  gentleman.  He  is  very  much 
in  favor  of  waterproofing,  but  up  to  this  time  Spoor  has  done  nothing  towards 
supplying  a  place  in  which  to  put  our  machinery.  He  promised  to  take  the 
.matter  up  upon  his  return  from  Hew  York  where  he  went  yesterday  in  company 
with  Messrs.  Kleine  and  Selig.  ^ 

We  are  getting  many  inquiries  for  washing  machines  and  could  place  -I- 

.ten  more  than  we  have  on  hand  at  once.  I  sold  one  to  Mr.  Spoor  yesterday.  £ 

I  am  still  entusiastic  over  the  progress  made  in  the  last  trip, to 
Hew  York.  The  business  looks  surer  to  me  now  than  ever  before,  but  we  cer- 
a tainly  need  capital.  If  you  can  bring  any  influence  to  bear  on  Friend 
I  shall  be  under  many  obligations. 

■  i.  Yours  very  truly, 

'  NATIONAL  WATEBPBOOF  FILM  COMPANY 


W.  A.  Daniels,  .  '  •  _ 

•  4200  W:  Adams  St;,  Chicago ,-111.  ; 

Think, you  acting  unfairly  towards  Thompson.  .Only  - 
stopped  at  my  request  and  believe  have  already  solved  difficulty 
and  enormously  improved  produot.  Expect- to  start  Monday  sure,  -  : 
-^possi-^iy  tomorrow.  If  you  wish,  willoarry  Thompson’s  expense  ‘ 

•  and,  salary, while -here,  "charging  against  royalty.  /  ' 

"  ^  Frank  E.  Dyor.  '  ,  ,  '  ^  .  . 


( Chg.  l/tfg.  Co.  )  ••  • 


r  READ  THE  NOTICE  AND  AGREEMENT  ON  BACK.  , 


Prank  I.  Dyer,  Vioe-Pres. 

Edison  Mfg 


Nahohal  Waterproof  hue  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  W/vter 

Process  and  Machinery  Patents  Pending 

4300-4202  WEST  ADAMS  ST.  $  *  if 

. ©waeA©©!"' 

Pet .  23rd ,  1915*F I  ' " 

>  rl 


4^ 


'  > 


Orange,  II.  J.  j\  f  Jsljv- 

FT  , 


My  dear  Mr,  Dyer:- 

I  am  in  receipt  of  your  telegram  of  th&\22nd  regarding 
Thompson.  I  am  sure  I  do  not  wish  to  he  unfair  to  anyone.  Thompson's 
wife  draws  his  salary  here  every  week  and  we  send  him  $25.00  more.  $230.00 
per  month  is  quite  a  drain  on  a  business  taking  in  only  about  $300.00  a 
month. 


Thompson  has  never  invested  a  dollar  in  the  business  so  the  least 
he  should  do  is  to  put  in  some  economy.  I  believe  he  has  an  idea  that  his 
associates  are  Rookefellows  and  Morgans  who  will  some  day  make  his  interest 
worth  a  lot  of  money  no  matter  what  he  mey  spend  at  this  time.  His  expen- 
ses  from  Orange  to  Hew  York  have  averaged  $5.17  per  week  for  the  past 
three  weeks.  I  cannot  continue  O.K.'ing  thingB  like  this  without  objecting. 
I  think  under  the  circumstances  of  his  having  to  remain  so  long  in  Orange 
that  he  should  have  one  half  his  salary  sent  East -and  relieve  the  Company 
of  all  his  living  expenses.  I  also  suggested  that  as  soon  as  your  plant 
was  coating  satisfactorily  and  having  no  further  experiments  to  make  that 
v/e  cut  out  both  his  salary  and  mine  tmtil  the  business  was  further  advanced. 
Under  such  an  arrangement  he  could  not  live  so  I’ further  advised  his  finding 
outside  occupation  for  a  time. 

I  want  to  thank  you  for  your  offer  to  advance  him  money,  but  I  cannot 
see  that  the  situation  would  be  relieved  by  his  drawing  from  your  Company 
that  which  v/e  should  eventually  have  to  pay.  I  therefore,  prefer  to  go 
along  as  at  present. 

Mr.  Spoor  has  done  nothing  towards  providing  a  pluce  for  his  coating 
machinery,  and  is  acting  much  like  a  crawfish.  I  have  not  allowed  him 
to  say  that  he  would  not  put  in  the  machinery,  and  I  have  delayed  making 
a  formal  demand  until  v/e  are  absolutely  ready  to  deliver  ( about  .March  1st). 
It  seems  that  at  the  last  Hew  York  meeting  of  the  Patents- Company,  S.  asked 
several  manufacturers  if  they  intended"  to  waterproof,  and  from  their  nega¬ 
tive  answers  concludes  that  no  advance  in  the  price  of  film  to  cover  water¬ 
proofing  is  possible.  He  thinks  our  price  too  high  under  such  a  prospect. 

I  asked  him  why  he  didn't  get  them  all  together  and  secure  a  wholesale 
rate  from  me.  He  thought  this  a  good  idea  and  said  "He  would  work  along 
this  line",  and  so  far  as  I  know  here  the  matter  has  rested  since  the  12th. 

Mr.  Singhi  told  me  in  Philadelphia  that  as  soon  as  their 'new  factory 
was  completed  he  would  contract  with  us  and  in  plain  English  stated  that  he 


CAPITAL  $  100,000. 

Moving  Picture  Films  made  Washable  with  Water 


SinaeAS®, 


aid  not  think  our  price  exorbitant  being  only  about  3J?  on  the  net  selling 
price.  I  have  been  thinking  of  suggesting  to  him  the  advisability  of 
having  all  his  We stern  releases  coated  by  us  at  once,  This  would  embrace 
a  large  territory  for  the  Enterprise  Optical  Company  (hub in's  Chicago 
agents)  tell  us  that  their  territory  extends  from  Buffalo  West.  I  ao 
not  believe  the  trade  these  people  give  Lubin  is  satisfactory.  It  seems  1 
to  me  that  most  of  their  Enterprise  rests  in  their  title,  or  is  devoted  to  the 
sale  of  their  machinery.  • 


We  have  almost  concluded  an  arrangement  with  the  Theatre  Film 
Supply  Exchange  in  this  City  to  have  all  of  their  releases  (20)  waterproofed 
and  properly  taken  care  of  under  our  supervision.  They  are  to  put-  in 
sufficient  washing  machines  to  take  care  of  their  business  and  allow  us  to 
inspect  the  work  whenever  we  choose .  I  am  very  anxious  to  see  the  result 
of  such  an  experiment  for  90  days;  I  believe  it  will  add  many  customers, 
after  which  it  will  be  easy  for  them  to  get  some  advanced  prices  because 
of  the  condition  of  films  served.  Mr.  Aiken  is  quite  enthusiastic  over 
the  proposition  which  he  proposes  to  extensively  advertise  if  he  goes  into  it. 
I  have  cut  our  price  to  #3.50  per  reel  to  give  the  matter  a  thorough  test 
for  90  days. 

Yire  have  been  quite  busy  since  the  15th  with  prospects  of  a  continu¬ 
ation  for  the  balance  of  the  month. 

Yours  very  truly. 


HAT  ION AX  WATERPROOF  FILM  COMPANY 


Pres. 


% 


Feb.  26,  1910. 


Hr.  V/,  A.  Daniels, 

4200  West  Adams  Street, 

Chicago,  Ill. 

dear  Mr,  Daniels 

I  have  seen  your  letter  of  the 
23d  inst.  to  Mr.  Ityer  i  n  regard  to  the  waterproofing 
situation  generally,  and  particularly  as  to  Kr.  Thompson. 
It  seems  tcL  iae  that  your  letter  is  based  possibly  on  a 
misapprehension  of  conditions  here  at  this  plant,  and 
therefore  I  am  taking  it  on  myself  to  write  thi s  so  that 
you  may  be  informed  as  to  the  way  matters  hai|  been  Were, 
As  you  know,  we  have  received  raary  complaints 
that  the  waterproofing  oaused  peeling.  V?e  were  at  first 
inclined  to  believe  that  this  was  due  to  the  fact  that, 
as  you  know,  some  of  the  Eastman  stock  was  peeling  anyhow, 
and  of  course,  th^fater proofing  being  the  newest  proposi¬ 
tion,  it  was  blamed  for  this  peeling.  After  a  great  many 
experiments  and  tests  here,  however,  all  of  ub  are  now 
oonvinoed  that  the  waterproofing  applied  to  N.I.  etodk 
does  oause  peeling,  even  of  emulsion  which  would  otherwise 
be  non-peeling.  Our  Chemist  here  has  worked  out  a  theory 


#2  1ST.  VI.  A.  Daniels. 

which  seems  to  conform  to  the  oonditions  sb  we  find  them, 
and  this  theory  is  briefly,  as  I  understand  it,  that  the 
waterproofing  dries  at  a  different  rate  from  the  emulsion, 
and  has  a  tendency  to  life  it  on  that  aooount.  You  must 
appreciate  the  fact  that  under  these  circumstances  this 
Company  oould  not  go  on  waterproofing  its  films.  Such 
a  course  would  result  disastrously  both  to  our  films  and 
to  the  whole  waterproofing  proposition,  in  both  of  which 
we  are  interested  as  much  aB  you  are.  Our  Chemist  haB 
found,  apparently,  a  solution  of  the  difficulty,  and  judg¬ 
ing  by  test  pieces  which  we  have  run  on  the  machines,  is 
producing  a  product  which  absolutely  does  not  peel,  and 
moreover  is  very  helpful  to  what  would  otherwise  be 
brittle  Eastman  stock,  and  everybody,  including  Thompson, 
is  working  now  to  make  changes  which  will  permit  this 
new  method  to  be  used  commercially.  If  it  iB  found  that 
we  have  solved  our  difficulties,  the  waterproofing  proposi¬ 
tion  will  be  immensely  strengthened  with  the  other  Manufac¬ 
turer  b,  because  in  addition  to  the  advantages  which  we 
i»ew  with  waterproofing,  we  will  be  able  to  point  out  that 
it  will  relieve  them  of  many  of  their  difficulties  in  regard 
to  the  Eastman  stock. 

It  does  not  seem  to  me  that  your  proposition,  vshioh 
I  gather  from  letters  which  you  have  written  to  Mr.  Thomp¬ 
son  and  which  he  has  shown  me,  that  the  Waterproofing  Com¬ 
pany  has  nothing  to  do  with  the  poor  quality  of  Eastman 


#3 


Ur.  W.A.  Daniels. 

stock  and  that  you  should  not  attempt  to  overcome  ary 
difficulties  with  it,  is,  at  least,  open  to  question. 

Granted  that  the  Eastman  stock  1b  defective,  it  ia  a 
pretty  hard  thing  to  induce  a  manufacturer  to  go  on  us¬ 
ing  a  prooess  which  accentuates  those  difficulties,  and 
on  the  other  hand,  it  would  he  an  extremely  easy  proposi¬ 
tion  to  induoe  him  to  use  a  prooess  which  diminishes  the 
difficulties.  I  think  you  should  also  realize  that  this 
Company  has  a  considerable  amount  of  money  at  Btake  in 
the  waterproofing  proposition,  and  in  everything  that  has 
been  done  here  that  fact  has  been  taken  into  consideration. 

In  other  words,  this  Company  is  working  toward  the  success 
of  the  waterproofing  proposition  along  lines  which  we  j^s'  ere  . 
directly  in  touch  with  the  prooess  as  to  its  working  out 
here,  believe  to  be  the. right  ones.  It  Beems  to  me  person¬ 
ally  that  everything  points  now  to  success,  and  it  is  ohjr 
going  to  be  a  matter  of  possibly  a  few  weeks  when  all  of 
the  troubles  will  be  solved.  Consequently,  it  seems  very 
unfortunate  at  this  time  to.  raise  any  unnecessary  questions 
such  as  the  relations  of  Thompson  to  the  Waterproofing 
Company,  .  If  the  process  is  not  a  suooess  with'  Mil;  film, 
the  mere  cutting  down  of  salariee  of  yourself  and  Thompson 
will  not  help  the  proposition. 

I  gather  from  one  paragraph  in  your  letter j  above 
referred  to,  that  you  have  in  mind  making  a  formal  demand 
on  Hr;  Spoor  to  take  hie  machines.  1  hope  that  you  will 


Mr.  V7.  A.  Daniels  . 


© 

m 

do  nothing  which  will  in  any  way  tend  to  irritate  Mr. 

Spoor  or  to  give  him  the  impression  that  you  are  going  to 
jam  these  machines  into  his  plant|  willynilly.  Vie  might 
as  well  conceive  between  ourselves  that  there  have  been 
many  difficulties  which  have  been  laid  at  the  door  of 
waterproofed  films,  and  some  of  them  probably  justly  so, 
and  1  think  that  you  will  not  strengthen  your  position 
with  the  other  Manufacturers  if  you  take  the  pcation 
that  you  are  going  to  enforce  your  contracts  in  spite 
of  the  fact  that  Spoor  may  have  come  to  the  oonclUBion 
that  the  waterproofing  is  not  a  good  thing.  In  other 
words,  it  seem 8  to  me  that  under  all  the  circumstanoeB , 
diplomacy  is  the  thing  to  be  used,  and  moreover,  I  certain¬ 
ly  think  that  nothing  should  be  done  until  we  have  com¬ 
pleted  our  experiments  and  arrangements  here,  which  as  I 
said  before,  v/ill  probably  be  in  a  very  few  weeks. 

All  of  the  above  is  written  on  my  personal 
responsibility  and  without  oonsulktion  with  Mr.  Dyer  and 
merely  express  my  personal  vie*s  in  the  hope  that  a  plain 
statement  from  me,  who,  I  think  you  will  realise,  has  more 
than  a  friendly  interest  in  your  proposition,  would  tend 
to  alloy  the  apparent  mental  stress  under  which  you  are 
now  .laboring. 

Yours  very  truly. 


GI'S/ARK, 


National  WsrenpRoor  Him  Co. 

'  CAPITAL  $100,000. 

Moving  Picture  Films  made  'Washable  with  Water 
Process  ano  Machinery  Patents  Pending 

4300-4202  WEST  ADAMS'  ST. 

©SQIl©**®®, 

Feb.  28th,  1910. 


Geo.  F.  Soull,  Aast.  to  Vice-Pres., 

Edison  Manufacturing  Co., 
Orange,  H.  J. 


My  dear  Mr.  Scull 

Much  obliged  for  your  long  letter  of  the  26th.  Your  ar¬ 
guments  are  so  convincing  that  I  must  agree  with  you  on  the  general  propo¬ 
sition,  but  so  far  as  Thompson’s  expenses  are  concerned  I  am  Btill  of 
my  former  opinion.  He  has  no  conception  of  the  value'  of  money,  never  yet 
having  made  a  trip  for  this  Company  where  his  expense '.accounts  would  bal¬ 
ance  the  money  drawn.  On  present  trip  there  is  over  $60.00  on  our  boots 
charged  to  him  which  he  can’t  account  for  or  at  least  . hasn’t  seen  fit  to 
do  so  up  tovthis  date.  ’I  realize  that  this  is  a  small  matter,  hut  never¬ 
theless  must  be  watched  by  someone  and  logically  I  am  the  one.  1  still 
think  he  should  voluntarily  cut  off  his  expense  account  while  he  is  in 
Orange  on  such  a  long  stay. 

I  saw  Mr.  Spoor  several  hours  Saturday.  I  have  not  antagonized 
him  by  any  formal  demand.  Have  an  appointment  with  him  at  his  factory  day 
after  tomorrow  morning.  The  only  thing  that  iB  bothering  him  is  the  apathy 
of  the  other  manufacturers  which  makes  him  feel  that  it  will  be  impossible 
to  get  advance  prices  to  oover  the  waterproofing.  He  claimB  to  have  little 
or  no  trouble  himself  with  peeling,  but  has  met  the  trouble  with  the  product 
of  other  manufacturers  in  his  own  exchange.  He  had  a  Titagraph  film  lyiig 
on  his  desk  Saturday  which  was  to,  be  returned  because  of  peeling  emulsion.  > 

He  has  Just  discovered  that  many  of  his  Pathe  filmB  which  he  thought  were 
non-inflammable  are  on  the  old  style  of  stock. 

Our  friend  Selig  is  doing  his  best  to  prevent  the  Theatre  Film  ! 

Supply  from  making  an  arrangement  with  us  to  waterproof  all  of  their  Btook. 

He  tells  them  that  it  will  make  their  films  inflammable  and  useless  ,  if 

the  new  proposed  City  Ordinance  should  be  inacted.  Of  course  this  state-  ■ 

ment'  about  the  inflammability  of  a  waterproofed  film  is  easily  refuted 

by  test,  but  I  understand  that  Selig  has  loaned  the  Theatre  Film  Supply  f 

ten  thousand  dollars  which  of  course  will  have  some  weight  in  Aiken’s  decision.  > 

Also  find  that  Friend  Selig’ s  master  mechanic  and  some  other,  employee  ] 
recently  called  on  our  rotary  bruBh  maker  and  wanted  to  find  out  about  the  j 

brushes  such  as  they  had  made  for  ub.  They  got  very  little  information  or 
encouragement.  Do  you  suppose  this  fellow  is  already  starting  in  to  infringe  •  j 
our  patents?  .  j 

io“* : 


Hmtional  Mwirproof  Bui  Co. 

.  CAPjTAL  $  IOO.OOO. 

Moving  Picture  Films  made  Washable  wth  Water 

Process  and  Machinery  Patents  Penoing 
4200-4202  WEST  ADAMS'  ST. 

March  7th,  1910, 


Seo.  F.  Scull,  Asst.  to  Vice-Pres., 
Edison  Mfg^-  Co., 

Orange,  N.  J. 

Dear  Mr.  Scull 


1  am  in  receipt  of  your  6th  and  the  two  points  which  you  picked 
out  in  the  proposed  weekly  letter  are  the  very  ones  that  I  was  anxious  about 
I  agree  with  you  fully  as  to  what  a  sensitive  man  like  "Friend  Selig"  might 
think  of  it  (I  caraevery  near  saying  sensible  man;  I.  am  glad  I  did  not). 

I  am  pleased  to  get  a  conservative  opinion  regarding  the  new  sizing  for  I 
was  led  to  believe  from  Thompson's  letters  that  peeling  would  hereafter  be 
•an  absolute  impossibility.  Knowing  Thompson’s  optomism  as  I  did  I  of  course 
put  some  salt  onhiB  statements,  but  still  I  think  they  left  me  with  an 
exaggerated  opinion'. 


( fat*-  rJ*aA*r*J 

I  took  our  measuring  machine  into  Selig’ slant  week  and  used  the 
occasion  to  try  and  talk  to  him,  bitt  "Brother  Rub"  who  took  my  card  in 
said  "That  Mr.  Selig  was. too  busy  all  last  week  but  if  I  would  come  in 
next  week( this )  he  wouldjtalk  with  me",  so  of  course  i;  am  going  in. 

,  There  can  be  no  question  about  the  peeling  of  emulsion  outside 
of  your  establishment.  I  understand  through' Spoor  that  Selig  returned 
150,000  feet  to  Eastman.'  Saw  a  film  in  the  Vitagraph. office  a  few  days 
ago,:. the  last  ,  section  of  "The  life  of  Moses"-  that  was  peeled  so  that 
it  would  not  be  used. 

We  have  today  received  a  letter  from  the  Eastman  Kodak  Company 
of  which  the  enclosed  is  a  copy;  also  enclose  copy  of  my  reply. 

We  received  a  check  today  from  lyman  H.  Hdwe  ,for  $809. $0,  but  for 
.all  this  I  want  to  get  the  account  of  the  Edison  people!  straightened  up  at 
the  earliest  opportunity.  There  must  be  quite  a  little  sunr  which  we  owe 
them  for  machine  work  which  I  understand  is  now  completed  and  the  sooner 
the  matter  is  adjusted  the  better  it  will  be  .  all  around  .  ' 

>  Yours  very  truly,  ' 

•  ;  NAT  I  ON  AD  WATERPROOF  FIIM  COMPANY 


Ohloago,  Maroh  IV,  1910» 

Mr,  George  F.  Scull, 

Edison  Mfg.  Co., 

Orange,  N.  J, 

Bear  Mr.  Scull 

I  arrived  home  in  fair  shape  and  on  Monday  went 
into  session  with  Mr.  Baniels.  He  was  pretty  wild  all  day 
and  could  not  talk  very  rational.  nothing  hut  his  petty 
grevienoes  against  me.  We  thrashed  those  out  pretty  thorough¬ 
ly.  He  demanded  formula  for  the  Edison  sizing.  1  414  not 
give  it  to  him  partly  on  aooount  of  the  way  he  demanded  it 
and  heoause  I  had  promised  Mr'.  Byer  not  to  divulge  it  to 
anyone  until  Mr.  Byer  had  given  it  to  Mr,  Spoor.  1  do 
not  think  Mr.  Byer  meant  for  me  to  keep  it  from  Mr.  Baniels 
hut  he  haB  no  use  for  it  and  could  not  uBe  it  if  he  had  it. 

He  has  made  a  great  stew  about  this'.  I  told  him  about  my 
promise  to  Mr.  Byer,  hut  no  use,  he  is  blind  to  reason".  I 
got  an  inkling  today  of  some  of  the  reasons  for  his  actions 
towards  me.  Someone  had  told  -him  I  was  out  to  do  him  and 
the  stenographer  had  told  him  I  had  got  a  Bollar  from  her 
and  never  put  -In  any  record  for  it.  She  added  I  had  taken 
my  wife  to  a  moving  picture  show.  These  of  oourse  are  so 
plainly  stamped  a  lie  that  I  oare  nothing  for  them  hut  the 
smile  and  look  that  went  with  them  showed  something  beyond'; 


4 


-2- 

At  least  that  is  the  way  it  looked  to  me.  I  would  like 
to  have  these  books  looked  over.  Mr.  Daniels  got  yotir 
letter  yesterday  morning.  It  instantly  went  into  Mb  inside 
pooket,  olouds  beean  to  gather  and  the  storm  finally  broke 
with  renewed  violenoe.  He  does  not  want  to  abandon  this 
factory  and  as  far  as  I  oan  see  the  only  thing  he  wants 
to  abandon  is  me.  He  told  me  I  would  get  no  salary  this 
week  as  they  have  no  money  in  the  bank.  If  he  oould  pull 
this  off  this  way  it  would  very  seriously  cripple  me  and  he 
knows  I  oould  not  last  long  without  an  income.  I  know 
very  well  I  oould  get  what  is  ooming  to  me  eventually  but  I 
would  like  to  know  if  it  were  possible  for  me  to  draw  my 
salary  from  Orange,  H.  J»,  or  if  I  oould  get  a  position  with 
the  Edison  Company.  I  feel  as  though  I  oould  make  a  good 
success  running  a  camera  or  in  any  other  oapaoity  that  you 
might  have.  This  is  something  I  would  like  to  know  for  the 
future.  I  am  standing  pat  and  will  stick  to  the  last  gun 
for  a  square  and  honest  deal.  Mr.  D.  seems  to  tMnk  he  has 
the  whip  hand  and  oan  oarry  things  in  this  business  just  about 
as  he  wants  to^.  What  he  has  to  gain  by  Ms  action  I  cannot 
see  for  hevhas  everything  to  lojBe. 

Kindly  let  me  hear  from  you  .  Address  me  to 

331  north  Park  Ave*,  Austin,  Ill". 

YourB  truly,  /<*!/[/ j /  rZ#? & 


<f 


Mar oh  IB,  1910. 


Mr.  W.  A.  Daniels, 

National  Waterproof  Film  Company, 

4200  V/ost  Adams  Otreet, 

Chicago,  111. 

VSy  dear  Mr.  Daniels 

Yours  of  the  10th  inst.  has  been  received 
by  me.  1  am  sure*  that  1  cannot  give  you  what  you  may  deem  an 
acceptable  answer  to  queries  as  regards  the  irregularity  in 
the  coating  of  reels,  unless  the  suggestion  which  Mr .  Thomp¬ 
son  gave  Jiou  that  our  work  of  printing  is  so  far  behind,  is 
sufficient.  This  reason  undoubtedly  is  true,  but  it  iB  also 
true  that  it  is  not  the  sole  reason  for  the  failure  to  ooat. 

As  a  matter  of  fact,  one  of  the  exchanges , (the  Calumet)  I  am 
•informed,  does  not  wish  to  have  its  filraB  waterproofed.  In 
addition,  the  system  of  coating  has  not,  to  ny  mind,  been 
thoroughly  broken  in  in  this  factory  bo  as  to  be  made  a  regu¬ 
lar  part  of  thework.-  There  has  .been' so  muoh  changing  and 
experimentation  that  thework  iB  carried  on  very  slowly  and 
requires  what  I  consider  an  unoonBoi|nable  amount  of- labor 
in  the  ooating  room.  As  time  passes  and  the  small  '.details, 
in  the  system  are  worked  out,  it  is  p|ssible  that  the  number 


Mr.  W.  A.  Daniels, 


#2 

of  employees  oan  be  out  down  and  the  work  speeded,  but  since 
the  product  to  which  the  coating  is  applied  is  so  valuable 
and  any  aooident  to  it  during  the  prooesB  of  coating  involves 
so  much  trouble  and  delay,  in  addition  to  the  expense,  we 
cannot  afford  to  go  at  the  thing  in  a  Blap-dash  fashion.  I 
think  that  1  ought  to  call  your  attention  again  to  something 
I  did  in  a  former  letter,  and  that  is  that  this  company  is 
as  intensely • interested  in  the  success  of  the  proposition  as 
you  are.  The  installation  of  the  whole  system  here  has  been 
a  source  of  considerable  worriment  to  both  Hr.  Dyer  and  myself 
as  has  been  your  non-success  in  inducing  other  Manufacturers 
to  take  up  watprpVoofing.  1  fully  appreciate  that  there  are 
reasonable  explanations  for  All  of  these  things.  I  make  these 
statements,  because  your  letter  appears  to  me  to  be  rather 
fault-finding,  and  in  view  of  the  condition  of  affairs,  it 
seems  to  me  that  neither  party  can  afford  to  take  any  such 
attitude  in  regard  to  the  other. 

Your  bill  in  regard  to  royalties  wbb  received  and 
I  have  started  it  on  itB  journey  through  the  Accounting  De¬ 
partment.  The  amount  will  probably  be  offset  for  work  done 
for  your  Company  here.  I  have  taken  the  liberty  to  add  to 
the  ball  enough  language  to  explain. the  item  whi ch  it  really 
oovers. 

Yours  very  truly, 

GFS/ABK.  Assistant  to,  Vice-President. 


March  28,  1910 

Mr.  W.  A.  SanielB, 

o/o  Hotel  Knickerbocker , 

Hew  York,  H.Y. 

My  dear  Mr.  Daniels 

Your  letter  to  Mr.  Dyer  appears  to 

me  to  be  satisfactory. 

1  am  returning  by  the  messenger  the  Btrip  of  film 
which  you  ask  for.  Inquiry  today  reveals  the  fnot  that 
waterproofing  is  again  being  held  up  more  or  less  here  be¬ 
cause  of  the  "sweating",  of  whioh  I  spoke  yesterday.  The 
factory  is  still  convinoed  that  this  is  due  to’ meoh enioal 
oauses  in  the  application  of  the  siaing,  whioh  will  be 
overoome  as  soon  as  the  sizing  machine  is  re-arranged  some¬ 
what  to  apply  the  sizing  uniformly  and  without  excess.  You 
will  note  from  the  sample  herewith  that  this  sweating  does 
not  ooour  always. 

Your  s  very  truly, 

GFS/ARK.  Assistant  to  Vioe-Presidentt 


NAH IOMAL  PiW  G& 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 

©m<Sfly©@» 


Maroh  26th,  1910. 


George  F.  Scull,  Asst,  to  Vice-Pres., 

Edison  Manufacturing  Co., 

Orange,  N.  J. 

My  clear  Mr.  Scull:- 

Arrivea  home  this  morning.  Mr.  Thompson  is  perfecting 
plans  by  which  he  will  he  in  Orange  on  the  4th  prox.  . 

Found  I  was  too  late  to  get  the  Inbin  Agency  os  he  just  completed 
an  arrangement,  turning  the  agency  over  to  a  Mr.  Fulton.  Fulton  was  for¬ 
merly  employed  hy  Roebuck  and  is  in  reality  tho  same  man  that  has  sold  the 
luhin  films  which  have  been  sold.  He  is  a  little  hunch  hack  ana  I  understand 
not  popular  with  exchanges.  Mr.  Singhi  told  me  that  unddr  the  circumstances 
he  would  have  to 'give  Fulton  a  chance  hut  if  he  fell  down  he  would  be  very 
elad  to  take  the  matter  up  with  me.  I  find  the  commission  paid  is  1/2  ji  per 
foot,  hut  even  at  this  I  believe  it  would  he  a  good  plan  to  take  the  agency 
and  waterproof  all  the  releases  we  sola.  Mr.  Singhi  was  very  much  interested 
in  the  idea.  Mr.  luhin  said  that  he  would  he  ready  to  negotiate  for  water¬ 
proofing  all  of  his  films  when  his  new  plant  was  finished.  Owing  to  the 
recent  strikes  this  will  he  delayed  until  September  and  possibly  longer. 

Mr.  Berst  is  in  the  city  hut  I  have  not  seen  him. 

Yours  very  truly. 


HAT10HA1  WATERPROOF  FIRM  COMPANY 


National  Waierpkoof  nw  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  AVater 

Process  and  Machinery  Patents  Penoing 

4200-4202  WEST  A  DAMS  ST. 


\3-o  - 


yw'  P^^n. 

/2vb-" C-C  P'3 J  Csf^O 

[/J  J  GL*c/-0 

(t>)  tr^^c^i^o  ^ fiJLdPPLi.  <U-Ct^  ,  GyulCZLt Z 

hJ^.  kS  EP/  /^v'' 0£_— 


^E^  ^UaJ 


March  30,  1910. 

Mr.  ¥/.  A.  Daniels, 

o/o  National  Waterproof  Film  Co., 

4200  West  Adams  Street, 

Chioago,  111, 

Dear  Mr.  Daniels  2- 

Mr.  Dyer  has  reoeuved  today  your  tele¬ 
gram  in  answer  to  his  of  this  morning  asking  for  the  compo¬ 
sition  of  the  waterproofing  compound.  As  indioated  in  the 
telegram,  we  are  still  toeing  bothered  toy  the  white  spotB 
as  shown  on  the  sample  enclosed.  Dr.  Xessl after  proving 
that  his  sizing  solution  was  not  the  cause,  which  he  did 
toy  waterproofing  a  film  without  any  Bizing  whatever,  guessed 
.  that  possitoly  some  of  £'he  ohomicalB  of  your  solution  were 
toeing  precipitated  and  for  this  reason  Mr.  Dyer  asked  for  the 
formula,  so  that  Dr.  Tessle^vould  not  toe  working  in  the  dark. 
Bince  wiring  this  morning,  however,  we  found  that  the  solution 
was  toadly  clouded  toy  a  heavy  white  precipitate.  A  new  tank 
of  solution  was  then  opened  and  I  have  just  seen  a  film  coat¬ 
ed  with  it,  which  was  absolutely  perfect.  Of  course,  we  hove 
had  so  rnaoy  upB  and  downs  in  this  matter  that  it  is  unsafe  to 
predict ,  tout  it  seems  now  that  one  of  two  things  is  the  trou- 


9 


k 


VI.  A.  Daniels. 


ble,  first,  either  the  solution  in  some  of  the  tankB  which 
you  are  sending  us  is  not  properly  made,  or  second,  that  the 
solution  is  liable  to  ohange  or  de-compoB<l>tion  after  the 
tanks  are  opened  and  we  begin  using  the  solution.  Ur.  Jamison 
is  going  right  ahead  now  coating  with  the  solution  from  thiB 
new  tank,  and  we  will,  of  oourse,  watch  it  very  closely  and 
if  any  trouble  develops  from  using  the  solution  from  this  new 
tank,  it  willshow  pretty  conclusively  that  the  first  oause 
above  is  the  souroe  of  our  trouble.  Samples  from  the  tank 
which  was  being  used  up  to  today  and  the  tank  which  has  just 
been  opened,  oho w  a  very  marked  difference  in  color  and  in  the 
clouded  cnndition  of  the  solution,  the  solution  of  the  old 
tank  being  yellow  and  cloudy,  while  that  of  the  new  tank  iB 
perfectly  clear  and  almost  white. 


It  is  very  unfortunate  that  we  had  not  corrected 
this  trouble  before  Mr.  Spoor  came  on.  I  talked  with  him 
over  the  wire  yesterday  and  did  not  dare  mention  the  matter 
of  waterproofing  to  him  in  view  of  this  situation,  and  he, 
in  turn,  said  nothing  whatever  about  it.  Mr.  Spoor  iB  re¬ 
turning  to  Chicago  this  afternoon  so  that  it  is  impossible  to 
get  him  out  here  in  view  of  the  changed  conditions,  and  hove 
Mr.  Dyer  talk  with  him. 

1  have  yours  of  the  28th  inBt.  and  will  see  that 
our  oheok  is  sent  immediately  if  it  haB  not  already  gone. 


I 


#3  '  Ux  W.  A.  Daniels. 

So  far  as  any  new  oontraot  is  oonoerned,  I  think 
you  should  arrange  it  so  that  the  contract  will  he  in  foroe 
a  year  at  least  before  the  licensee  lias  a  right  to  withdraw. 
The  20th  of  March,  therefore,  is  not  the  critical  date  so 
long  as  you  see  to  it  that  the  year  is  properly  advanced  . 
That  is  to  say,  any  oontraot  made  between  now  and  next  March 
should  give  the  right  of  renewal  on  March  20th,  1912. 

Yours  very  truly. 


GFS/ARK. 


Assistant  to  Vice-President. 


N  ATIOMAL  WVERPROOP  FJLMCO. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 

4200-4202  WEST  ADAMS  ST. 


March  30th,  1910. 


Mr.  Frank  1.  Dyer, 

Orange,  M.  J. 

Dear  Sir:- 


I  am  in  receipt  of  your  telegram  this  day,  reading  "Films  still 
spotting  even  when  no  sizing  used.  Wire  formula  waterproof  compound  for 
use.  Chemist  getting  at  bottom  of  trouble."  This  information  is  simply 
unaccountable.  V/e  have  coated  hundreds  of  reels  of  both  II.  I.  and  inflamma¬ 
ble  without  a  sign  of  this  spotting.  I  wired. you  the  formula  as  requested. 

Also  sent  you  a  second  telegram  asking  i'f  you  will  please  hasten 


payment  of  our  account  for  the  reason  that  we  must  have  money  by  Saturday. 
Mr.  Thompson  is  planning  to  get  away  then  and  his  finances  are  in  such  shape 
that  the  Waterproof  Company  will  have  to  give  him  $50.00  to  go  with. 


Mr.  Thompson  was  through  the  Spoor  plant  this  week  and  is  very  much 
impressed  with  the  simple  and  efficient  condition  of  it.  One  boy  running 
all  the  perforating  machines;  three  continuous  printers  doing  all  the  work; 
titles  Joined  to  negatives  making  up  250  foot  lengths  so  that  a  completed 
film  contains  but  four  or  five  Joints;  wire  developing  drumB  by  which  the 
deveopment  is  easily  ascertained  by  an  electric  light  put  in  the  center.  He 
has  thought  out  a  plan  which  he  will  present  to  you  for  simplifying  your  film 
department  without  antagonizing  the  present  management  and  to  the  end  that 
all  of  your  output  can  be  satisfactorily  waterproofed  according  to  original 
‘intent. 


I  presume  ere  this  yon  have  seen  Mr.  Spoor  who  is  now  East  and  I 


!at mmML  Wmtvrproof  Him  Go. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  WXsiiable  with  "Water 

Process  and  machinery  Patents  Pending 

4300-4202  WEST  ADAMS  ST. 

Mr.  F.  I.  D.  ~#2 

hope  aa  a  result  he  will  want  his  machinery  set  up  immediately. 

We  had  a  call,  this  week  from  Mr.  Vic.  Smith  of  the  Vitagraph  Company 
who  came  to  Chicago  to  see  Mr.  John  Rock  take  his  third  degree  in  Masonry. 

He  also  brought  congratulations  and  a  3  l/2K  diamond  ring  from  the  Senior 
Rock. 

Mr'  Berst  has  been  in  the  City  for  several  days  but  returns  this 
pjl..  Mr.  Montagu,  his  Chicago  representative, goes  East  also,  his  place 
being  taken  hero  by  a  new  man. 

Y.ours  very  truly. 


NATION AX  WATERPROOF  FILM  COMPANY 


* 


National  VfivutMtooF  Bum  ©9. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  "WAter 


April  2nd,  1910. 


Geo.  F.  Scull-Asst.  to  Vice-Pres., 

Edison  Manufacturing  Co., 


/  sin°a  writing  you  this  morning  I  picked  up  the  streaked  film 

which  was  enclosed  in  your  last  letter,  and  unconscientiously  began 
ruhhing  it  with  my  thumb  and  finger.  A3  a  result  it  seemed  as  though 
the  streaks  had  disappeared  which  1  should  think  indicated  that  the  trouble 
was  not  in  the  coating  but  on  it.  I  return  the  sample  in  question. 

Yours  very  truly, 

NATIONAL  WATERPROOF  FILM  COMPANY 


Pres. 


«  # 

NATIONAL  WwniRPROOP  PlUi  Ca 


CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  "Water 

Process  and  Machinery  Patents  Pending 
4300-4202  WEST  ADAMS  ST.  * 


©ton®  <&.©©„ 


Mr.  Geo.  F.  Scull,  Asst,  to  Vice-Pres., 
Edison  Manufacturing  Company, 
Orange,  N.  J. 


Dear  Sir:- 


April  2nd,  1910. 


Replying  to  your  favor  of  the  30th:  Prom  what  you  say  about  the  new 
tank  of  solution  acting  perfectly,  it  is  evident  that  some  chemical  reaction 
or  foreign  substance  has  got  into  the  objectionable  tank.  Without  knowing 
the  number  of  the. tank  we  are  unable  to  trace  when  it  was  made,  but  it  appears 
to  us  that  it  must  have  been  the  last  lot  at  the  time  we  made  twelve  barrels 
all  from  material  purchased  at  one  time  so  it  would  not  seem  possible  that 
one  barrel  would  react  and  another  would  not.  You  know  these  tanks  are  tinned 

trusts  tAjji, 

inside  and  out  and  it  may  be  that  the  tinning  is  off  on  the  inside  of  the^poor 
solution  and  that  rust  made  have  formed  and  discolored  it  as  well  as  effecting 
the  chemical  composition.  However,, Mr.  Thompson  will  thoroughly  investigate 
this  matter  early  next  week.  He  is  due  to  arrive  in  Orange  at  6:45  Monday 
morning. 

I  am  very  sorry  that  Mr.  Dyer  did  not  get  a  chance  to  talk  with 
Mr.  Spoor  about  waterproofing,  as  I  believe  it  was  one  of  the  important  reasons 
for  his  going  to  Hew  York, 

Yours  very  truly. 


NATIONAT,  WATERPROOF  FILM  COMPANY 


Rational  Waterproof  Rum  to. 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Penoinc 


April  2nd,  1910. 


Geo.  F.  Scull,  Asst,  to  Vice-Pres., 

Edison  Manufacturing  Co., 

Grange ,  II.  J. 

Dear  Sir:- 

Referring  to  the  remarks  about  money  in  your  March  30th,  will  say 
that  we  have  received  this  morning  $600.00  on  account.  This  will  help  some, 
hut  will  not- enable  us  to  pay  our  bills.  Since  my  return  from  Hew  York  I  have 
advanced  the  Company  #798.71.' 

\'ie  sent  you  a  statement  yesterday  showing  that  you  owe  us  #2494.97. 
According  to  our  records  we  owe  you  $572.14,  leaving  $1922.83,  and  giving  you 
credit  for  the  $600.00  received  today  leaves  $1322.83  due  us  which  1  hope 
you  will  be  able  to  send  us  this  week  without  fail. 

.  Yours  very  truly. 


MAT  I  OH  AT,  WATERPROOF  FIRM  COMPANY 


Pres. 


April  fi(.,  1910 


Mr.  V.'.  A.  DanielB, 

o/o  national  Waterproof  1’ilm  Co., 

4200  West  Ad  am  a  Otreet, 

Chicago,  111. 

Dear  Hr.  Daniels 

Your  three  letters  of  April  2nd  are 
at  hand.  It  bo  happens  that  the  Company  ju3t  at  this 
time  is  tied  up  for  the  want  of  ready  cash  und  that  was 
the  reason  v/hy  only  a  part  of  your  account  was  sent  you. 

1  doubt  very  much  whether  the  remainder  of  your  account 
will  be  sent  you  this  week  or  not,  but  I  shall  do  uiy  best. 

The  film  coating  -iSr^he  now  eolution  is  going 
along  nicely  now,  and  Thompson  has  started  in  to  find 
out  if  possibly  what  in  the  cause  of  the  clouding  of  the 
other  tanks.  We  were  aware  that  this  discoloration  could 
be  wiped  off,  and  we  also  found  that  on  rq-coating  the 
white  spots  could  be  re-dissolved,  but  of  course  this 
latter  method  of  treatment  wan  impracticable,'  and  even 
though  the  spotB  would  wipe  off,  we  were;  a  bit  uncertain  wb 
whether  or  not  they  would  reappear. 

1  bad  a  chance  .to  talk  to  Mr.  3po6r  the  day  he 
left  Hew  York  for  Chicago,  which  was  alter  we  had  started 


#2 


Mr.  W.  A.  Daniels. 


coating  with  the  solution  from  the  new  tank.  He 
up  the  question  of  waterproofing  himself,  and  as 
said,  his  chief  difficulty  seems  to  he  over  the  ] 
Dyer  and  1  have  given  considerable  thought  to  th< 
of  some  kind  of  a  proposition  which  you  can  make 
Manuf  aoturers,  including  hpoor  and  when  Hr.  Dyer 
at  some  definite  conclusion,  I  ?/ill  adviee  you. 

Yours  very  truly, 


brought 
you  have 
-rice .  Mr. 
5  matter 
to  the 
arrives 


Gl’S/AHK. 


Assistant  to  Vice-President. 


*  f 

ItelSNM  HWiliPltOOF  PhlM  ©6. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  AVater 

Process  and  Machinery  Patents  Pending 

4300-4202  WESTADAMS  ST. 

©ikiucsa©®. 


April  9th,  1910. 


Soo .  F.  Scull,  Asst,  to  Vice-Fres., 

Edison  Manufacturing  Co., 
Orange,  H.  J. 


Bear  Sin- 

Replying  to  your  favor  of  the  6th2  We  are  very  sorry  to  hear  of 
any  stringency  which  prevents  your  sending' us  the  balance  of  our  account. 

Of  course  this  is  the  end  of  the  week  and  as  we  have  not  heard  from  you 
must  now  look  forward  to  hearing  next  week.  We  must  certainly  get  some¬ 
thing, if  not  the  balance  of  the  account,  for  our  next  Saturday's  pay  roll 
and  I  want  to  ask  if  you  will  not  see  that  at  least  another  $600.00  is  sent 
to  us.  The  2Q  washing  machines  at 'Bell 'and  Howell,  are  practically  finished 
and  this  means  a  debt  of  over  a  thousand  dollars  when  they  are  delivered. 

Wo  have  less  than  $50.00  in  the  bank  and  at  best  will  have  the  hardest  kind 
of  sledding  to  tide  over  until  the  first  of  the  month  when  we  are  depending 
upon  the  $1200.00  for  April  account.  By  the  way,  how  do  you  propose  to 
handle  this?  Shall  . we  send,  you  a  bill  on  account  of  royalty  or  will  you 
send  us  the  money  without  any  bill  and  use  our  receipt  on  account  as  your 
voucher. 

I  note  what  you  say  regarding  talk  with  Mr.  Spoor  on  waterproofing 
and  shall  be  glad  to  hear  from  you  further  with  regard  to  it..  I  believe 
that  every  one  in  Spoor’s  establishment  is  heartily  in  favor  of  the  process 
and  that  they  lose  no  opportunity  to  urge  him. to  get  started. 

We  have  quite  a  few  orders  for  waterproofing  the  "Boosevelt-African" 
pictiires  and  expect  to  be  quite  busy  next  week.  Among  other  orders  we 
have  one  for  Kleine  Chicago  and  Kleine  Benver,  with  Eleine  of  How  York  to 
heat  from. 

We  had  two  old  reals  this  week  to  wash  for  the  Pacific  Coast  Borax 
Company.  One  of  these  they  state  has  been  run  two  thousand  times.  After 
it  was  washed  with  the  exception  of  perhaps  fifty  or  seventy  five  feet 
on  each  end  you  would  have  declared  it  to  be  a  brand  new  film.  It  is  in- 
creditable  that  the  film  has  been  rxin  the  number  of  times  they  are  willing 
to  make  affidavit. 

We  have  a  very  nice  letter  from  Bathe  FrereB  this  morning  of  which 
the  enclosed  is  a  copy.  '  We  consider  it  qtiite  a  boost  to  our  integrity 
v/hen  they  will  entrust  the  shipment  of  such  valuable  films  to  us. 

Yours  very  truly, 

NATIONAL  WATERPROOF  FILM  COMPANY 


* 


NATIONAL  UtalltPROOF  RimOOi 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  'Washable  with  Water 

Process  and  Machinery  Patents  Pending 
*200-4202  WEST  ADAMS-  ST. 

©wse.JMa©. 

April  15th,  1910. 


Geo.  3?.  Scull,  Asst,  to  Vice-Pros., 
Edison  Mfg.  Co., 

Orange  ,11.  J . 


Dear  Sir:- 


,  Y/e  wish  to  acknowledge  receipt  of  yours  of  the  llth  and  thank  you 
for  your  information  regarding  the  stock  used  on  the"Roosevelt"  pictures. 

V/e  had  quite  a  number  of  orders  for  waterproofing  these  films  *and  Paths 
Freres  were  very  kind  in  sending  to  us  in  advance.  A  number  of  our  orders 
did  not  resell  them,  however,  until  after  they  had  shipped  direct,  to  the 
exchanges . 


Y/e  had  an  order  from  Kleine  for  waterproofing  a  set  for  their 
Denver  and  one  for  their  Chicago  office  but  it  seems  that  Mr.  Kleine  who  is 
in  Hew  York  advised  Mr.  Berst  to  ignor  the- order  to  ship  these  to  us  and  to 
send  them  to  his  Chicago  office,  so  up  to  the  present  time  we  have  not  re¬ 
ceived  these  and  it  looks  as  though  we  never  would. 

We  have  recently- cleaned  up  some  films  waterproofed  a  year  ago  for 
the  Pacific  Coast  Borax  Company  and  one  of  these  has  a  record  of  having  been 
run  two  thousand  times.  It  is  in  such  excellent  condition  that  we  are 
going  to  try  to  bring  it  to  the  attention  of  Mr.  Selig  who  made  the  film, 
phis  effort  is  to  he  made  upon  the  return  of  Mr.  Selig  from  Hew  York.  It 
:  certainly  ought  to  interest  him. 

V/e  only  have  money  enough  for  our  tomorrow's  reduced  pay  roll 
j  not  having  received  iany  remittance  this  week  to  date  from  the  Edison  Manufac¬ 
turing  Company.  .Y/e  don't  like  to  harp  on  this  one  string  but  we  should  con- 
!  aider  it  a  great  favor  if  your  people  would  either  send  us  a  check  for  the 
:  balance  of  our  account  or  send  ns  a  note  for  thirty  or  sixty  days  that  we 
,  couia  discount.  Under  such  a  settlement  we  are  sure  the  Edison  Company 
I  would  he  willing  to  pay  the  cost. 

A  first  run  Biograph  film  went  to  pieces  in  a  half  a  day  in  one 
.  of  the  theatres  here  on  Madison  Street  and  was  returned  to  the  Theatre  Pilm 
•  Supply  Company  as  absolutely  worthless.  It  was  a  fortunate  thing  that  this 
was  not  a  waterproofed  film,  otherwise  we  should  have  heard  that  waterproofing 
ir  was  responsible . 

j.;'/  Yours  very  truly,  , 

■  ,  MATIOMAI,  WATERPROOF  FILM  COMPAEY 


aeo.  F.  Scull,  Asst, 


•  * 

lAfiomi  Wmmpmaow  Bum  to. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS- ST. 

April  21st,  1910. 


Dear  Sir:- 


.  to  Vice-Pres., 

Edison  Manufacturing  Co., 

Orange,  11.  J. 


Y.'e  are  in  receipt  of  your  telegram  of  the  20th,  reading,  "Check 
mailed  last  night".  We  also  want  to  say  that  check  was  received  this  morning 
and  that  it  is  a  great  relief. 

I  was  in  a  had  frame  of  mind  yesterday  regarding  it  and  other  film 
matters.  It  seems  that  the  "Roosevelt"  pictures  <2  sets)  for  the  Clune 
Film  Exchange  which  we  waterproofed  failed  to  reach  Dos  Angeles  until  two 
days  after  release.  „We  have  been  chasing  the  Express  Company  the  whole 
week  to  trace  these  goods.  We  received  the  films  on  the  afternoon  of  the 
11th,  shipped  at  noon  on  the  12th  and  hired  a  special  wagon  to  take  the  goods 
to  the  Express  Company's  office  in  our  section  of  the  city.  We  obtained 
the  usual  receipt  and  the  goods  went  J;o  the  Chicago, &  Northwestern  Depot 
(down  tov/nj that  afternoon.  They  were "received  in* but  checked  out  short,  so 
the  Express  Company  could  not  tell  by  Y/hat  route  they  had  gone  or  if  at  all.  Y/e 
felt  the  goods  had  beer,  stolen  but  we  find  nov/  that  they  v/ent  to  Ogden,  Utah, 
by  the  American  and  vie  re  transferred  there  to  V/ells  Fargo,  reaching  Clune  tv/o 
days  late  as  above  stated.  Clune  is  preparing  affidavits  v/ith  which  to  get 
after  the  express  company  for  his  loss  v/hieh  he  claims  Y/ill  be  about  one 
thousand  dollars.  He  must  have  had  some  good  contracts  for  shoeing  these 
films  if  two  sets  would  have  brought  him  one  thousand  dollars  in  two  days. 
However,  it  is  not  for  us  to  question  this,  hut  I  doubt  whether  he  Y/ill 
ever  collect  so  much  from  the  Express  Company. 

1  presume  that  hy  this  time  Mr.  G-illson  has  called  on  you  and  that 
he  is  today  in  V/ashington. 

Mr.  Howell  of  Bell  &  Hov/ell  has  also  gone  East  taking  with  him  for 
demonstration  one  of  his  perforating  machines  and  one  of  his  continuous 
printers  such  as  are  used  by  Mr.  Spoor.  Mr.  Howell  thinks  that  he  can  con¬ 
vince  you  that  much  of  your  trouble  of  films  going  to  pieces  can  be  traced 
to  irregular  perforations.  He  also  thinks  that  he  has  a  perfect  printing 
machine  Which  I  know  nothing  about,  hut  Mr.  Thompson  was  voiy  much  pleased 
.v/ith  it  when  he  visited  the  Spoor  plant. 

Yours  very  truly. 


HKtlONAL¥taniRPR06F  RlWlCO. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  "Water 

Process  and  machinery  Patents  Penoing 
4300-4202  WEST  ADAMS  ST. 

GNIiGASe* 

May  Xlth,  1910. 

Geo.  F.  Scull, '  ABBt..,  Gen.  Mgr., 

.Edison  Manufacturing  Co . , 

Orange,  II.  J. 

Dear  3ir:- 

I  am  in  receipt  of  your  favor  of  the  9th  and  of  course  am  very 
much  interested  to  hear  such  good  reports  from  waterproof  films.  I  hear 
through  Mr.  Thompson  that  the  Vitagraph  Exchange  have  also  reinstated 
waterproof  films  and  reported  that  hereafter  they  did  not  want  any  other 
kind.  I  attribute  this  in  part  to  Vic.  Smith  who  paid  ixs  a  visit  recently, 
neither  those  people  nor  Jlleine  have  a  washing  machine.  If  a  waterproof 
film  is  in  remarkably  good  shape  as  stated  by  Kleine  of  I!.ew  York  it  would 
be  in  much  better  shape  if  it  was  run  through  our  washer  once  a  week . 

We  had  quite  a  meeting  of  Independents  here  last  week  which  I  suppose 
you  have  already  heard  about. 

We  are  doing  very  little  business  but  are  still  waiting  for  develop¬ 
ments  from  the  General  Film  Company. 

Yours  very  truly, 

KAT1QHA1  WATEIUrBOOF  FILM  COMPAJJY 


c/o  Nat'l  Phono.  Co., 


The  letter  which  I  enclose  is  writ 
ten  at  the  suggestions  of  Mr.  Daniels,  with  the  u 
derstanding  that  it  is  in  accordance  with  a  talk 
you  had  with  Mr.  Daniels. 

If  this  is  not  along  the  lines  you 
wish,  kindly  advise  and  I  will  make  such  changes  i 


Yours  very  truly. 


FKB-278 


[ENCLOSURE] 


...... 

BOULEVARD.  CALIFORNIA  AVENUE  S  ISJtj,  STREET.' 


Chicago, 


Prank  L.  Dyer,  Pres., 

Motion  Picture  Patents  Co., 

New  York,  N.  Y. 

Dear  Mr.  Dyerj- 

..  i.  .  You  know  I  have  quite  an  investment  with  Mr.  Daniels  in 

Fdinnn^iT1  WaterPr0Bf  ^llm  Company.  Through  the  waterproofing  of  tie 
Edison  films  you  are  doubtless  fully  posted  as  to  the  advantages  of 
the  process,  so  I  will  come  at  once  to  my  point.  8  f 

T  •  Rather  than  to  further  increase  our  investment  in  the 
1  have  prevailed  upon  Mr.  Daniels  to  consent  to  my  offering 
y°u  *°  djep°f8  of  the  business  to  the  Patents  Company  of  whlfh 

is&yijsrjs-'u^viss4.*^, 
S lf£¥ ;s  -  s'fflVS- 

nu  \  ?h0  ComPany  has  no  obligations  and  would  then  surrender 

a^ve  ln  whinhd,f «  °?\?f  *u?inBBB  ""lees  you  should  Slsll  So  kee  f 

Six  *rr*ne* t0  a8lIver  <">“  *n 

We  have  three  patents  issued  in  Pranoei 
FIRST!  An  Article  patent. 

■ 

v’  ON  the  other  side. 


Of  .iiJSJHS  S^STo?"tthfi.^SSf™?a  "*  ”»«' 

We  have  four  patents  In  this  country. 

FIRST:  An  artloel  patent  allowed  not  Issued. 

SECOND:  A  Coating  machine  Issued. 

THIRD:  Drying  machine  issued. 

FOURTH:  Process  patent  allowed  not  issued, 
reason  to^l^V^  "  ha 

lnformBt5Ly^aVrintere8ted  in  this  0ff8r  and  need  any  further 
Pre80ntatlon  *>  ^ur  CompanyypleasMet 

Meanwhile,  I  remain 


Yours  very  truly, 


Mr.  Fred  Batson, 

liar  shall  Boulevard  £c  California  Ave., 

Chicago,  Ill. 

Ify  dear  Sir:- 

JiT.  Uyer  duly  received  yours  of  the  21st 
inst  enclosing  a  letter  addressed  to  him  as  President  of 
the  tfotion  Picture  Patents  Company,  and  wished  me  to  state 
to  you  that  this  letter  covers  exactly  what  he  v/anted.  \ 
On  further  discussion' we  have  concluded  tha£ 
the  present  would  not  he  the  psychological  moment  in  which 
to  spring  this  proposition.  Unfortunately  heoause  of  dif¬ 
ficulties  which  we  have  experienced  in  coating. non- inflamm¬ 
able  film,  the  proposition  has  received  something  of  a  set 
hack  in  the  mindB  of  the  trade,  and  it  will  probably  be 
sometime  before  the  confidence  of  the  trade  iB  restored, 
as  we  hope  it  will  be  now  that  we  believe  we  have  overcome 
all  of  the  bad  effeots  which  we  were  getting. 

Yours  very  truly. 


GFS/ARK. 


Assistant  General  Manager 


Hay  26,  1910, 


Hr.  VV.  A.  Daniels, 

42CC  West  Adams  Street, 

Chicago,  111. 

Dear  Hr.  Daniels:- 

In  accordance  with  conversations  which 
Hr.  Dyer  had  with  you,  Mr.  Bah son  has  written  Mr.  Dyer  a 
letter  proposing  to  sell  out  the  whole  waterproofing  proposi¬ 
tion  to  the  Patents  Company  for  $50,000.  Since  his  return, 
we  have  discussed  the  matter  at  considerable  length  and  de¬ 
cided  that  the  present  is  not  the  host  time  in  which  to  spring 
the  proposition  on  the  Manufacturers.  Prom  what  I  can  gather 
not  one  of  them  is  sufficiently  impressed  with  the  quality 
of  waterproofed  film  to  make  them  willing  to  consider  the 
matter  at  all.  This  indifference  may  he  overcome  after  Borne 
months,  if  we  continue  to  turn  out  during  a  considerable  period 
waterproofed  film  which  iB  unquestionably  good,  and  as  you 
know,  unfottunately,  in  the  past  we  have  not  been  able  to  do 
this. 

I  also  believe  that  if  we  oan  sluw  that  we  have  an 
application  allowed,  or  a  patent  granted  covering  the  water¬ 
proofed  film  as  an  article,  we  will  be  in  a  much  bbronger 


Hr.  Y/..  A.  Daniels. 


position  than  we  are  now  with  simply,  an  application  pending 
for  it  with  no  broad  claims  allowed.  .1  have  written  Messrs. 
Gillson  &  Gillson  in  regard  to  this  application  and  have 
not  heard  from  them,  it  was  on  this  application^  you  will 
reoall,  that  Mr.  Gillson  went  to  Washington  for  ub. 

Yours  very  truly, 


GFS/ARK. 


Assistant  General  Manager. 


fcilPIOiF  FhlM  to* 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Mach  in  cry  Patents  Pending 
4300-4202  WEST  ADAMS  ST. 


Geo.  F .  Scull,  Asst.  Gen.  Mgr., 
Edison  Mf g .  Co., 


Hoy  26th,  1910. 


Dear  Sir:- 


May  17th  Mr.  Bahson  oent  me  a  copy  of  a  letter  he  proposed  sending 
to  Hr.  Dyer.  In  malting  suggestions  for  changes  I  specified  the  condition  of 
our  patents  Both  in  this  country  and  Europe.  I  understand  today  that  Mr. 
Bahson  copied  my  letter  verbatim. 

I  wish  to  make  a  correction  regarding  the  Article  patent  allowed  but 
not  issuoa"in  this  country.  Until  I  saw  Mr.  Gillson  today  I  supposed  that 
if  the  revised  application  was  not  allowed  we  had  .a  sure  thing  on  going  hack 
and  tailing  out  tho  Article  patent  as  originally  applied  for  and  allowed.  But 
Mr.  Gillson  tolls  mo  that  while  this  is  the  usual  course,  still  the  opening 
up  of  an  old  application  allowed  is  sometimes  followed  by  rejection. 

Since  May  17  wo  have  notice  of  allowance  of  our  English  patent  on  the  drying 


We  are  doing  absolutely  nothing  in  the  way  of  business  here;  the 
Independent  trade  having  dropped  off  since  we  withdrew  our  advertising  from- 
the  trade  papers  and  the  license  business  has  not  recovered  from  its  appre¬ 
hension  as  to  what  the  General  Film  Company  may  do. 


Some  of  our  washing  machines  that  were  out  on  rental  are  being 
returned,  the  reasons  3eem'to  he  all  about  like  the  Western  whose  letter  I 
enclose  you.  Howard  of  Boston  and  Flintom  of  the  Yale  have  both  paid  for 
their  machines  in  full,  hut  these  arc  the  only  two  who  have  preferred  owning 
tho  machines  to  renting  them.  We  still  o vie  ,£550.00  to  Bell  &;:Howell  on 
washing  machines..  I  shall  pay  this  as  soon  as  I  receive  the  next  remittance 
from  you. 

Yours  very  truly. 


RATIONAL  WATERPROOF  FILM  COMPMY 


Pres.; 


NATIONAL  WATERPROOF  PiiKl  CO. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS  ST. 

<§Qr3I<S£U3®>,> 


May  27th,  1910. 


Goo.  IT.  Scull,  Asst.  Gen.  Mgr., 

Edison  Manufacturing  Co., 
Orange,  11.  J. 

Dear  Sir :  - 


Mr.  Thompson  sends  ns  a  list  of  21  exchanges  who  are  receiving 

films  not  waterproofed  from  you.  In  this  list  we  note  the  Calumet  Film  . 

Exchange  of  Chicago.  Mr.  Freuler  who  owns  this  exchange  also  owns  the'  Western 
in  Milwaukee.  1  sent  you  a  letter  from  him  yesterday*  Mr.  Ereuler  has  told 
us  a  number  of  times  that  he  did  not  think  waterproofing  had  anything  to 
do  with  the  Edison  films  going  to  pieces.  We  shall  see  him  Monday  in  Chicago 
and  endeavor  to  get  him  to  reinstate  the  waterproof  film  with  the  Calumet. 

We  are  surprised  to  loam  that  the  Kleine  Optical  Company  of  Hew  York 
City  is  on  this  list  for  Mr.  Willis  was  always  an  advocate  of-  waterproofing. 

We  are  told  at  the  office  of ‘the  Kleine  Optical  Company  of  Chicago  that  the  ; 
"Roosevelt  in  Africa"' pictures  which  we  waterproofed  for  them  are  still  in  7: 
service  and  in  good  condition.  This  same  subject  at  Spoor's  (2  copies)  are 
both  in  good  condition,  examined  two  or  three  days  ago.  In  fact  v/e  have  had 
no  -complaints  whatever  of  this  film  having  gone  to  pieces. 

Yve  wish  to  reduce  this  list  of  exchanges  who  are  not  using  waterproof- 
ing  and  to  this  end  have  thought  about  sending  oiit  a  letter  to  them  as  per 
enclosed,  but  before  doing  so  wish  to  submit  it  to  you  for  approval,  correction 
or  condemnation.  Y/e  oertainly  do  not  wish  to  do  anything  which  would  refloat.  ■; 
upon  the.  Edison  product  ,  but  it  seems  tons  that  you  are  as  much  interested 


i«I©HJIiW«lRm©©F  nunCOl 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Penoino 

4200-4202  WEST  ADAMS  ST. 


as  v:e  are  to  know  if  .films  of  other  manufacturers  when  waterproofed  will 
moot  the  objections  which  yours  have. 

Yours  very  truly, 

NATIONAL  Y/ATEIiPKOOF  FILM  COMPANY 


Pres . 


National  WvNtMtoor  ta  Go. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  'Water 

Process  and  Machinery  Patents  Pending 


George  F..  Scull*  Asst.  Gen.  Mgr. 

Edison  Ufg.  Co., 

Orange ,  H .  J . 


Dear  Sir:- 

I  am  in  receipt  of  your  26th.  Apparently  the  thing  to  do  is  to  wait 
until  we  hear  from  Washington  regarding  the  Article  patent.  In  the  mean 
time  I  want  to,  urge  upon  you  the  necessity  of  radical  changes  in  your 
sprocket  holes.  Coming  from  an  outsider  this  may  seem  presumptuous,  hut 
since  so  many  Edison  films  prematurely  go  to  pieces  and  waterproofing  is 
wrongfully  blamed  for  it  I  have  made  an  exhaustive  study  to  discover  the 
true  reason.  Everything  points  to  your  perforations. 

FIRST:  It  is,  a  mechanical  impossibility  to  perforate  more  than  one 
thickness  of  film  at  a  time  and  make  clean  holes.  The  holes  so  perforated 
will  under  microscopic  examination  be  found  to  have  a  burred  edge  which  is 
rough.  Such  an  edge  will  tear  more  easily  than  a  clean  cut.  You  can  demon¬ 
strate  this  with  a  piece  of  paper. 

SECOUD:  Your  holes  are  not  spaced  correctly  by  5/32  "  to  a  foot  or 
about  one  sprocket  hole  in  every  two  feet  of  film.  This  is  the  reason  why 
every  operator  will  tell  yon  that  they  have  to  frame  an  Edison  oftener 
than  any  other. 

THIRD:  Your  films  do  not  hug  the  sprocket  wheel  like  the  best;  they 
go  too  far  around  the  wheel  and  before  leaving  it  get  a  back  pull  at  "X" 

(see  rough  drawing  enclosed).  This  puts  an  extra  strain  on  the  film  and  / 

lips  the  sprocket  holes.  These  lip3  are  but  the  beginning  of  a  tear. 

FOURTH:  I  enclose  a  correct  mathematical  calculation  for  sprocket  holes 
to  fit  a  sprocket  wheel  with  diameter  of  15/16. 

I  am  not  selling  perforating  machines,  but  I  would  like  to  see  you 
put  in  and  use  enough  of  Bell  &':Howell’s  to  convince  yourselves  that  this 
is  the  one  lame  spot  in  the  Edison  production  of  moving  picture  films.  I 
believe  that  Bell  &  Howell  will  guarantee  you  satisfactory  results  and  that 
the  machines  will  pay  for  themselves  in  30  days. 

You  must  know  as  well  as  I  do  that  waterproofing  can  be  in  no  way 
responsible  for  all  the  trouble  you  have  had,  for  as  stated  in  the  Western 
Film  Exchange  letter  ( I  sent  you  this  week)  your  films  go  to  pieces  whether 
they  are  waterproofed  or  not.  Of  course  we  hear  some  complaints  about 
other  makes  but  they  are  not.  so  frequent  and  besides  this  we  are  not  so  much 
interested.  We  have- never- yet  heard  a  complaint  on  Bathe,  Essanay  or  Selig 
films  waterproofed  and  we  have  done  many  of  the  first  and  second. 


May  28th,  1910. 

r  r<&CElVEcP|'' 
MAY  3 11910  j 

F.  SCUIL  j 

.  .  .  -  J 


•  » 

National  Hwekproop'  Bm  Co. 


CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water' 

Process  and  Machinery  Patents  Penoing 

4200-4202  WEST  ADAMS  ST. 


G. 


S.~#2. 


I  hope  you  will  accept  this  letter  in  the  kindly  spirit  that  it  is 
sent  and  that  you  will  promptly  act  upon  it,  otherwise  waterproofing  will 
continue  to  receive  undeserved  punishment  which  will  knock  it  out  completely . 

With  host  wishes,  I  remain 

Yours  very  truly, 


RATIONAL  WATKRPROOF  FILM  COMPANY 


Pres. 


[ATTACHMENT] 

SUBJECT:  MOVIJffl  PICTURE  VJJX  PEREORATIKC  SAT7GE. 

The  Boli  &  Howell  Co.  hereby  desires  to  show  clearly,  in  the  following 
.computation,  how  we  have  determined  and  shy  we  have  adopted  a  standard 
of  11.968"  per  64  holes  perforating  gauge,  assuming  that  all  projecting 
machines  have  sprocket  wheels  with  a  diameter  of  16/l6ths",  or  .9375" . 
Computation  as  follows: 

Riameter  of  sprocket,  .9375" 

Circumference  of  Sprocket;  2.94525" 

How,  as  films  have  an  average  thidknoss  .'0065",  we  must  add  to  the 
diameter  of  the  sprocket  .0065"  to  determine  the  pitch  diameter,  which  is 
.9375  plus  .0065”  equals  .944",  P.T).  of  sprocket. 

Pitch  circumference  is  3.1416  x  .944"-  2.965704". 

Ciroxilar  Pitch  is  2.965704"  divided  (16,  number  of  teeth)  equals 
.18534815" 

Perforating  gauge  of  Rowell  Perforator  being  11.968"  per  64  holes. 
Average  allowance  for  shrinkage-  3/32"  or  .0937"  per  64  holes  is 
11.968"  minus  .0937"  equals  11.8743"  (shrunken  film  per  64  holes). 

The  pitch  of  the  film,  or  length  per  hole,  is: 

11.8743"  divided  by  64  equals  .18553" 

Pitch  of  Sprocket,  .18534815" 

Pitch  of  Film,  .18553000" 


THE  BELL  &  HOWELL  COMPANY. 


[ATTACHMENT] 


'  OPA  .ognairO 


June  T! ,  1910 


Mr.  VI.  A.  Daniple, 

o/o  National  Waterproof  Film  Company, 

4200  We at  Adame  Street, 

Chicago,  Ill. 

Dear  Sir:-  • 

I  duly  received  yours  of  May  26th,  '27th  and  28th. 
i  dp  not  see  how  your  proposed  letter  to  exchangee  not  talc¬ 
ing  Edison  waterproofed  film  can  be  interpreted  in  any  other 
way  than  at?  a  knock  to  Edieon  films,  and,  therefore.,  can/iot 
approve  of  the  iseuanoes'of 'the  letter.  The  very  f apt  that' 
you  disclaim  any  intention  to  knook  pur  films,  oallB  atten¬ 
tion  to  the  fact  that  the  letter  iB  necessarily  very  dis¬ 
paraging  to  our  output. 

We  have  heard  statements  Bimilar  to  those  you 
make  in  yours  of  the  28th  ult  .  with  reference  to  our  perfor¬ 
ations,  being  faulty.  It  may  be  that  they  are,  but  from  such 
light  as  we  can  get  on  the  subject  at  this. end,  we  are  un¬ 
able  to  Bee  why  this  is  bo.  I  enclose. two  seotionB  of  film, 
one  of  which  wae  perforated  one  thickneBB  at  a  time,  and  the 
other  two  thicknesses  at  .4  time.'  I  doubt  that  you:  can 
tell  which  is  which.  We  have  tried  put  this  point  pretty 


//2  Mr.  V/.  A.  Daniels. 

thoroughly  here,  and  are  unahle  to  determine  that  there  is 
any  difference. 

Our  films  are  perforated  G4  holes  to  the  foot.  Ac¬ 
cording'  to  the  scientific  deduction  of  Bellr'&lHowall ,  we 
should  have  64  holes  in  11.968  indheB.  In  other  words, 
there  is  a  thirty- seoond  of  an  inoh  difference  in  every 
64  holes  between  our  perforations  and  the  Bell  &  Howell. 

You  will  note  that  their  deductions  are  based  on  an  assump¬ 
tion  of  an  average  allowance  for  shrinkage  of  3/32  for  64 
holeB.  As  an  average,  this,  may  be  all  right,  but  unfortu¬ 
nately,  we  have  never  been  able  to  find  any.  two  pieces  of 
film  shrink  alike,  and  we  do  not  believe  that  a  difference 
between  our  perforations  and  that  of  Bell  &  Howell,  so  far 
as  spacing  i6  concerned,  is  any  difference  whatever.  You 
may  be  correct  in  the  statement  that  our  films  do  not  hug 
the  sprocket  wheels  properly.  If  this  is  so,  I  do  not  know 
the  reason.  We  hav  e  attempted  to  copy  the  dimensions  of.  the 
seems  to  have  been  giving  the  l^Bt 

We  have  tried  out  sections  of  film  on  the  Bell  & 
Howell  perforator  and  printer  and  have  run  them  before. a 
mixed  audienoe  of  men  who  are  oapable  of  intelligently 
judging,  but  who  had  no  knowledge  as  to  which  prints  were 
made  on  our  machines  and  whioh  on  the  Bell  &  Howell,  and 
praotioally  the  unanimous  vote  under,  these  oirounmtanoes 


Bathe  perforater£gwhich 
results.  '  ' 


#3 


Mr.  V/.  A.  Daniels. 

waB  in  favor  of  our  printB  so  far  as  steadiness  on  the 
screen  was  oonoerned.  I  have  looked  up  the  matter  of  the 
use  of  the  Bell  &  Howell  machines  pretV  tarefully  and 
have  not  Been  able  to  BatiBfy  myself  that  they  would  pay 
for  themselves  in  anything  like  thirty  days.  1  do  not 
know  by  what  figures  you  arrive  at  your  conclusions.  Uy 
own  personal  opinion  is  that  our  films,  particularly  those 
waterproofed,  have  been  giving  more  dissatisfaction,  be¬ 
cause  in  our  endeavor 'to  take  out  the  brittleness,  of  which 
complaint  had  formerly  been  made,  we  have  gotten  them  too 
soft.  This  is  particularly  true  of  waterproofed  film  which 
was  released  up  to  about  a  week  ago.  Thoee  released  from' 
that  time  on,  and  waterproofed  as  they  should  be,  are  not 
so  soft.  Vfe  are  also  cutting  down  the  amount  of  glycerin 
in  the  unwaterproofed  film. 

V/e  arc  receiving  very  few  complaints  nowadays 
from  exchanges  in  reference  to  our  film  breaking  down,  and 
I  cannot  believe  that  this  would  be  the  case  if  our  'films 
were  so  very  rau oh  worse  than  any  other  make  in  this  respect. 

.1  presume  that  after  reading  the.  foregoing  you 
will  conclude  that  we  are  inclined  to  be  bullheaded  and  ore 
closing  our  eyes  to  a  condition  which  we  ought  to  recognize,, 
but  we  must  be  guided  by  what  we  believe  to ‘be  the  facts, 
judging  by  the  while,  situation  as  we  see  it,  rather  than  by 
any  statements  which  .1  know  personally,  coming. from  op eratorj, 
are  often  based  on  conclusions  reached  without  very  muoh 
thought  or  aotual  observation. 


•  T 

#4 

1  hare  looked  up  the  correspondence  to  which 
you  call  ray  attention  in  yourB  of  the  4th  inst.,  and  find 
that  -1  was  in  error  in  reference  to  the  amount  which  we 
should  send  you,  and  our  Acoountant  states  that  $600  iB 
being  sent  you  today,  and  payment  Bhould  he  considered  as 
of  the  first.  The  other  $600  is  to  follow  on  the  16th  inst. 
I  do  not  know  how  we  will  eventually  have  to  adjust  these 
payments,  because  with  the  number  of  films  which  we  are 
now  waterproofing  the  royalties  cannot  possibly  be  more  than 
$600  per  month. 

Yours  very  truly, 

GFS/ARK.  Assistant  General  Manager.' 

Eno. 


Mr.  V/.  A.  Daniils. 


National  HwiRPiteoF  nun  Go. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  'Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4302  WEST  ADAMS  ST. 

June  10th,  1910. 


Seo.  F.  Soull,  Asst.  gen.  Mgr., 

Edison  Manufacturing  Co., 
Orange,  N.  J. 


Dear  Sir:- 


Replying  to  your  favor  of  the  7th; 


I  agree  that  faots  should  govern  and  one  of  the  most  important  which 
confronts  us  is  that  the  Edison  film  (waterproofed  or  not)  has  leBS  wearing 
quality  than  any  other.  Talking  with  an  Exchange  man  today  he  said  fThat 
because  of  this  when  business  grew  dull  he  always  cancelled  his  Edison  order 
first" *  I  am  sure  he  is  not  the  exception  and  my  anxiety  to  reverse  such  a 
condition  is  my  excuse  for  writing  you  so  plainly. 


Neither  of  the  two  pieces  of  film  you  enclose  have  clean  out  perfor¬ 
ations  so  it  is  difficult  to  say  which  has  been  run  double,  but  it  is  probably 
the  shorter  piece  marked  "X".  .In  your  test  of  the  Bell > and  Howell  perfora¬ 
ting  machine  by  whioh  it  was  decided  the  pictures  were  unsteady,  were  both  the 
negative  and  positive  perforated  with  their  machine?  If  only  the  positive 
the  test  was  unfair  for  the  picture  oould  not  have  been  steady  under  this  con¬ 
dition.  The  3/3E  "average"  allowance  for  shrinkage  which  B.  &  H.  use  in 
their  calculation  should  read  "Maximum"  for  3/3H  average  would  call  for 
some  shrinkage  in  excess  which  I  believe  will  never  ooour  under  proper1  handling 
Inasmuch  as  neither  Paths  nor  Selig  use  Bell  &  Howell  machines  it  is  evident 
that  good  perforations  do  hot  depend  upon  using  them.  But  if  you  should  " 
deoide-to  try  their  perforators  (or  and  printers)  they  will  put  them  in  on 
a  90  day  trial  and  if  they  don't  Berve  to  reduoe  the  number  of  complaints 
and  returned  film  and  are  not  otherwise  satisfactory  Bell  &  Howell  will  re¬ 
move  the  machines  without  charge. 


I  understand  that  the  Vitagraph  Company  has  a  good  perforating 
machine  except  that  it  is  constantly  losing  its  adjustment;  starts  out  O.K. 
but  cannot  maintain  it.  This  may  aooount  for  some  of  their  films  running 
fine  and  some  going  to  pieces  before  release  day;  this  recently  happened, 
the  film  being  so  "Shot"- by  running  in  the  exchange  for  exhibitors  that 
another  copy  had  to  be  sent  for  to  rent.  This  is  told  to  call  your  attention 
to  a  possibility  of  varying  adjustment  with  your  own  machines  just  as  a  clock 
sometimes  varies  a  few  seconds  every  hour  and  finally  has  to  be  reset. 


I  I  shall  be  very  glad  to  know  that  with  lesB  glycerine  and  reduced 

strength  of-  sizing  you  can  overcome  all  future  trouble,  but  I  must  admit 
some  doubt.  I  believe  the  closer  your  sprocket  holes  approach  the  Bell  &  Howell 


National  VGvmMtobF  ftm  Go. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  "Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4302  WEST  ADAMS  ST. 

June  10th,  1910. 


exaat  calculation  the  leas  you  will  have  the  film  riding  past  the  center  on 
the  average  sprocket  hheei.  At  any  rate  if  your  sprocket  holeB  are  correct 
Spoor's  must  "be  wrong  for  he  uses  B.  &  H.  measurements  exactly. 

From  what  you  say  about  our  royalties,  I  judge  your  business  has 
fallen  off  considerably  -  I  hope  this  does  not  account  for  the  "Fewer  com¬ 
plaints  lately"  which  you  mention. 

I  expect  to  go  East  the  latter  part  of  this  month  when  I  shall  be 
glad  to  discuss  matters  with  you  further  in  hopes  that  it  may  lead  to  our 
mutual  advantage. 


G.  F.  S.-- #2. 


Yours  very  truly, 

NATIONAL  WATERPROOF  FILM  COMPANY 


t 


National  Wvsnmoor  FkiM  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  water 

Process  and  Machinery  Patents  Pending 
4300~4202  WEST  ADAMS  ST. 

June  13th,  1910. 


Geo.  F.  Soull,  Asst.  gen.  Mfg. 

Edison  Mfg.  Co., 

Orange,  H.  J. 

Dear  Sir;- 

As  you  know  the  character  of  Mr.  Singhi  of  the  hub  in  Company  better 
than  I  do,  I  want  to  ask  your  advice  about  another  effort  to  introduce  our 
machinery  in  their  plant.  She  last  time  I  saw  the  gentleman  he  stated 
that  as  soon  as  the  new  factory  was  finished  they  would  put  in  our  coating 
machinery  provided  we  could  come  to  terms  on  the  contract.  Shore  was  no 
question  with  him  as  to  the  price  and  he  stated  that  he  was  willing  to  leave 
out  the  clause  in  the  last  contract  about  export  films,  but  he  would  in¬ 
sist  upon  the  privilege  of  stopping  waterproofing  if  he  found  it  was  hurting 
his  business.  Otherwise  he  knew  of  nothing  in  the  contract  which  would 
be  necessary  to  change. 

I  thought  that  when  I  saw  him  again  I  would  offer  to  put  machinery 
in  for  90  days  without  any  charge  except  for  solution, which  time  would  be 
sufficient  for  him  to  know  whether  it  was  hurting  his  business  or  .not,  and 
then  have  our  contrac^^jfrgm  the  expiration  of  the  three  months. 

Y/'e  have  three  drying  machines  here  of  the  old  style  which  could  be 
rebuilt  at  an  expense  of  about  one  thousand  dollars.  Y/e  should  have  to 
buy  three  new  coating  machines  or  use  the  three  we  have  here  which  were  built 
for  Spoor.  This  would  leave  us  one  drying  machine  and  one  coater  here 
which  will  take  care  of  such  work  as  we  are  getting  at  present. 

After  Spoor  returns  I  want  to  see  him  and  find  out  just  what  he 
proposes,  and  if  he  declines  absolutely  to  start  waterproofing  we  could  use 
his  machines  in  Philadelphia  without  any  extra  expense. 

Yours  very  truly. 


National  WMmmmmow  Him  ©a 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4300-4202  WEST  ADAMS  ST. 

<&BQ!l©aV©®» 


June  29th,  1910. 


Geo.  F.  Scull,  Asst.  Gen.  Mgr., 


Edison  Manufacturing  Co., 


Dear  Sir:- 


Orange,  H.  J. 


There  is  no  exchange  which  has  gone  into  our  proposition  as 
intelligently  as  the  Theatre  Film  Supply  Company  here.  They  have  for  some 
months  been  anxious  to  contract  with  us  to  waterproof  all  of  their  pur¬ 
chases  under  an  exclusive  agreement  for  a  certain  territory.  Tho  forecast 
of  what  the  General  ^ilm  Company  might  do  has  alone  prevented  the  fruition 
of  this  plan.  Wow  that  the  expected  has  come  to  pass*  and  the  Theatre 
Film  Supply  Company  is  no  longer  in  existence  the  proposition  has  been 
pushed  along  hy  them  to  the  Vice-President  of  the  G.  F.  Co:.  They  argue 
that  if  it  was  a  good  thing  for  the  Theatre  Film  Supply  Company  it  is  as 
good  or  better  for  the  General  Film  Company,  and  Mr.  Kleine  has  promised 
to  take  the  matter  tip  at  the  earliest  opportunity.  I  give  you  this 
advance  information  so  that  you  raey  help  the,  thing  along  if  you  will. 

Waterproofed  films,  properly  cared  for,  are. "Sure  money"  for 
any  exchange  and  now  that  the  manufacturers  are  directly  interested  in 
rental  profits  as  well  as  in  manufacturing,  it  should  not  he  difficult  for 
them  to  see  the  advantages  of  clean' and  lasting  films.  Every  day  the  pub¬ 
lic  and  exhibitors  are  growing  towards  cleaner  picturos.  The  popular 
mirror  screen  so  magnifies  rain  that  owners  must  have  clean  films  or  discard 
the  mirrors. 

'  The  exclusive  feature  of  waterproofing  should  be  worth  much  in 
view  of  some  opposition  to  the  G.  F.  which  we  hear  is  in  the  air.  With 
a  general  arrangement  with  the  General, we  could,  with  this  factory  and' another 
East,  take  care  of  all  the  E.  F.  Co.  purchases. 

The  price  we  had  stated  to  the  Theatre  Film  was  $3.50  per  reel, 
and  free  installation  of  washing  machines  (motors  excepted)  sufficient 
to  wash  all  films  promptly.  This  leads  to  the  idea  that  the  waterproof 
patents  would  not  he  a  had  thing  for  the  G.  F.  td>  own,  especially  might  # 
they  come  in  handy  some  day  to  oilonoe  possible  cries  of  illegal  monopoly, 
restraint  of  trade"  and”  Sherman  act,”  sto.  Inasmuch  as  they  arc  in  a 
purchasing  mood  just  now,  they  might  like  to  got  a  five  luuidred  thousand 
dollar  proposition  like  ours  for  one  h\mdred  thousand  dollars  or  so,  oven 
if  they  pay  for  it  in  good  7#  preferred  stock. 

I  don't  want  to  say  any  more  about  sprocket  holes,  hut  I  quote 
from  a  letter  received  this  week  from  a  lioonsed  exchange: 


NATIONAL  WATERPROOF  FI  LB!  CDi 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  WAter 

Process  and  Machinery  Patents  Penoino 
4200-4202  WEST  ADAMS  ST. 

(Bsaflesv©®* 


>  find  that  when  a  Solig  film  breaks  on  ns  there  is  a  straight 
through  the  partition  between  the  sprocket  holes  and  inasmuch  as  it 
itf  txanal-lJr  but  a  single  section  of  a  reel,  we  account  for  this  as  its  being 
sto0ij.  With  the  Edison  however,  it  seems  as  though  the  sprocket 
right  into  the  film  and  if  only  causally  inspected  you  would  never 
U<»ci ce  there  y,as  anything  wrong,  but  when  put  in  a  machine  it  is  impossible 
to  keep  the  pi0ture  in  frame  on  account  of  the  teeth  engaging  in  the  sprocket 
heJ«o  ar7  thSn  slipping  into  the  torn  parts,  making  a  very  unsteady  picture 
Za  reQniring  the  film  to  be  mended  iritwo  or  throe  places  before  it  can 
run  through  again."  1 

I  understand  that  Mr.  Dyer  was  here  Monday,  headed  towards  Reno 
jjtfTad.fi.  out  of  course  on  business  only.  I  am  sure  he  wouldn't  look 
at  &  p^i2®  fight  any  more  than  you  or  I  would  (unless  we  had  good  front 

00^8)  ~ 

Hoping  *0  seo  yon  about  the  10th  of  next  month,  I  remain 


MAT I QUAD  WATERPROOF  FILM  COMPANY 


Pres. 


iJWlOKALlfcERPBOOF  ftwCO. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 

4200-4202  WEST  ADAMS  ST. 

©imtssva©* 

July  8th,  1910. 


Geo.  F.  Scull,  Asst.  Gen.  Mgr., 

Edison  Manufacturing  Co., 

Orange,  IT.  J. 


Bear  Sir:- 

Vfe  wrote  the  Edison  Manufacturing  Company  under  date  of  July  2nd 
as  per  enclosed  copy.  We  credited  you  with  all  that  the  chemists  credited 
us,  hut  instead  of  changing  the  number  of  gallons  we  changed  the  price 
per  gallon  which  brought  the  same  result. 

X  shall  leave  here  tomorrow  and  be  in  Hew  York  Tuesday  night  or 
Wednesday  morning.  I  am  going  via  the  Steamer  "ilorthland"  to  Buffalo, 
taking  three  nights  and  two  days  to  reach  there.  I  am  going  to  stay  at  the 
Hotel  Belmont  this  time  for  my  experience  has  been  that  it  is  the.cooleBt  ‘ 
hotel  in  Hew  York  if  you  can  get  a  room  high  up  on  the  East  side. 

I  shall  be  glad  to  see  you  Wednesday  either  in  Orange  or  Hew  York 
as  is  most  convenient.  You  might  drop  me  a  letter  on  this  point  to  the 
Hotel  Belmont. 


Yours  truly, 

HATIOHAB  WATETtPPOOF  FIBM  COMPAHY 


Eres. 

p.  s’.  Just  received  notice  from  Gillson  that  pur  German  patent  application, 
on  Film  Bryihg  Machine  has  been  and  allowed  ana  will  issue  as  #223954. 


National  WinimtOQr  ¥im  ®@>» 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  -with  Water 

Process  and  Machinery  Patents  Pending 

4300-4202  WEST  ADAMS  ST. 

©saaem®, 

July  28th,  1910. 


Geo,  F,  Scull i  Asst.  Gen.  Mgr., 

Edison  Manufacturing  Co., 
Orange,  M.  J. 


Dear  Sir:- 


Upon  my  return  to  Chicago  I  saw.  Mr.  Aiken  of  the  Theatre  Film  Supply 
Company  Monday  morning.  He  seemed  very  glad  to  hear  of  the  arrangement  as  I 
reported  it,  hut  said  he  had  no  advices  from  Mr.  Waters  or  Mr.  Kennedy  regard¬ 
ing  it.  However,  on  the  strength  of  what  I  told  him  he  made  arrangements 
hy  having  built  at  once  a  gallery  floor  to  take  care  of  five  of  our  washing 
machines  in  his  place.  This  work,  however,  is^held  up  pending  some  word 
from  head  quarters. 

AS  nothing  has  been  heard  up  to  noon  this  day,  I  wired  you  as 
follows  which  I  now  confirm 

" Aiken  not  advised  of  our  arrangement  with  Kennedy  for  waterproofing. 
I  wired  Kennedy  Monday  but  have  no  reply.  Please  investigate  delay." 

I  also  enclose  you  a  copy-  of  my  telegram:  of  Monday  to  Mr.  Kennedy. 

I  presume  the  whole  delay  is  occasioned  by  Mr.  Kennedy  being  called  away  from 
the  city. 

Yours  very  truly, 

NATIONAL  WATEHPHOOF  FILM  COMPANY 


[ENCLOSURE] 


—"the  WESTERI*'  UNION  TELEGRAPt  COMpAwY. 

- INCORPORATED - 

24,000  OFFICES  IN  AMERICA.  CABLE  SERVICE  TO  ALL  THE  WORLD. 

ROBERT  C.  C LOWRY,  President  and  General  Mnnagar,  _ • _ 


SEND  the  following  message  subject  to  the 
on  back  hereof,  which  are  hereby  agreed  to. 

'  general'  Film  Co  ,. 

•8  Fifth  Ave". ,  Mew  York,  H  ■■  Y. _  , _ _  „  | 

Will  you  please  instruct  Mr.  Aiken  as  to  our  arran'gement  /  for  waterproofing*  1 
his  new  releases.  ■  . 

■  “  :  ]!►.  A.  Daniels.  ~  "  '  i 


•Ttiiy  gRfh,  l«nn 


C  0  P.Y  ) 


t5y  READ  T’HE-NOTICE  AND  AGREEMENT  ON  BACK.  _®l 


Waterproof  Rum  Co. 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  AVasiiable  with  AVXter 

Process  and  Machinery  Patents  Pending 
4300-4202  WEST  ADAMS  ST. 


Aug.  3rd,  1910* 


Geo.  F  .  Seull,  Asst.  Gen.  Her., 

Edison  Manufacturing  Go., 

Orange,  H.  J. 

Dear  Sir-.- 


I  wire  a  you  this  any  as  follows  which  I  now  confirm 
"Aiken  st ill  withont  instructions  regarding  waterproofing.  '.That 
is  the  Trouble.  Answer." 

.1  suppose  there  is  some  very  good  reason  for  this  aelny,  hut  not 
being  able  to  understand  it  yon  can  imagine  that  I  am  growing  very  anxious. 
Can  it  he  possible  that  we  have  another  Spoor  contract  to  contend  with? 

Mr.  Aihen  is  just  as  anxious  to  begin  waterproofing  as  I  am  and  is  just  as 
far  from  being  able  to  understand  the  delay. 

Y  our  s  tnily, 

1IAII0KA1  WATERPROOF  FILM  COKFAHY 


Pres. 


Mr.  W.  A.  Daniels, 

National  waterproof  pilm  Co. 

4200  West  Adame  gt . , 

Chicago,  jn, 

W  dear  Mr.  Daniels: 

I  duly  received  your  telegram  of  the 
3rd  X  havn't  heen  able  to  find  out  just  what  is  the  matter 
with  our  waterproofing  proposition.  I  spoke  to  Mr.  Kennedy 
the  other  day  in  regard  to  it,  and  he  explained  that  in  view  of 
the  fact  that  Ai^en  was  in  the  midst  of  a  great  deal  of  business 
due  to. the  combination  of  his  own  and  Kleine's  Offices,  that  it 
would  be  impossible  for  him  to  start  waterproofing  immediately, 
but  Mr.  Kenedy  promised  me  that  instructions  would  be  sent  to 
Chicago  to  begin  this  week,  as  I  wired  you. 

X  have  the  suspicion  however,  that  there  is 
something  else  at  the  bottom  of  the  matter,  and  I  intend  to  find 
out  what  it  is  this  week  if  possible.  In  the  meantime,  I  think 
it  would  he  well  to  do  nothing  whatever,  so  as  not  to  force  Mr. 
Kennedy's  hand. 

yours  very  truly, 

W  Assistant  General  Manager. 


National  Waterproof  Rum  6©. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pemoing 
4300-4202  WEST  ADAMS  ST. 


Aug.  5th,  1910. 


Mr.  Geo.  F.  Scull,  Asst.  Gen.  Mgr., 

Edison  Manufacturing  Co., 
Orange,  H.  J. 


My  dear  Mr.  Scull; - 

In  reply  to  your  3rd,  the  situation  is  certainly  heyona  my 
conception.  Mr.  Kennedy's  claim  that  Aiken  is  in  the  midst  of  a  great  deal 
of  business  is  true  enough,  but  at  the  same  time  Aiken  wants  more  business, 
and  through  us  has  this  week  concluded  an- arrangement  by  which  he  will  serve 
the  Alcazar  Theatre, /a  place,  that  he  has  long  desired  but  was  unable  to  obtain, 
and  with  which  go  five  other  theatres  actually  contracted.  .  ? 

It  is  our  purpose  to  influence  a  good  deal  of  business  to  Mr.  Aiken  as  soon 
as  they  get  started  on  waterproofing,  and  without  boasting,  we  feel  confident 
of  landing  him  more  contracts  in  the  next  ninety  days  than  he  ever  got  before 
in  the  same  time. 

Mr.  Aiken  is  an  anxious  to  begin  waterproofing  as  we  are  to  have 
him.  I  understand  the  carpenter  ha3  all  the  lumber  out  and  made  up  for  the 
gallery  floor,  of  which  I  have  written  yon  previously.  Mr.  Aiken  says,  "In¬ 
side  of  twelve  hours  after  he  receives  word  to  go  ahead  the  floor  will  be 
ready  to  receive  our  washing  machines".. 

This  is  the  situation  here,  and  the  claim  that  Mr.  Aiken  is  so  full 
of  business  that  he  cannot  start  in  our  proposition  at  any  time  is  based 
•dpon  a  misunderstanding  of  the  facts. 

Y/hen  you  find  out  the  real  trouble,  if  you  think  I  can  be  of  any 
assistance  in  remedying  it  do  not  hesitate  to  wire  me  and  I  will  leave 
immediately.  Y«e  cannot  afford  to  lose  .this  opportunity  of  showing  the  bene¬ 
fits  of  waterproofing. 

lours  truly, 

MATIOHAIr  WATERPROOF  FILM  COMPAMY 


- 7^  U^.\T 

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^cf^I^X-/  fro  AjaJic  /yh*U^/>^*zy'9iih^  &L 


Rational  Waterproof  Rim  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  wth  >Vater 

Process  and  Machinery  Patents  Penoino 

<&gqii<§a®®» 


Aliena  t  11th,  1910. 


Goo.  F .  Scull,  Asst.  Gen.  Mgr., 

Edison  Manufacturing  Oo., 
Orange,  N .  J. 


Bear  Sir:- 

Expected  to  hear  from  you  yesterday,  hut  not  having  hoard  up  to 
noon  today  I  v/ired  yon  as  follows  which  1  now  confirm:- 

"Crazy  to  hear  from-  you  as  to  prospects  with  Kennedy.  Could  X 
do  anything  if  there?  Could  he  in  IIcw  York  Monday.  Wire." 

1  am  most  anxious  to  know  if  this  stoppage  of  waterproofing  the 
General  Film  Company's  films  here  is  only  temporary  or  permanent,  next, 

I  am  anxious  to  know  if  it  is  through  any  fault  of  ours  or  our  proposition 
that  the  stoppage  has  occurred.  As  I  have  written  you  before,  Mr.  Aiken 
seems  as  anxious  to  get  started  as  we  are  and  so  we  know  that  Mr.  Kennedy's 
excuse  that  Aiken  was  very  hnsy  is  a  subterfuge. 

X  feel  as  though  I  must  see  him  6r  hear  from  you  that  the  matter 
will  he  speedily  adjusted. 

Yours  vexy  truly, 

HAT IONA L  WATERPROOF  FILM  COMPANY 


pros. 


National  W«nRPsoor  Pima  Co. 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  MSvshable  wra  >VAter 

Process  and  Machinery  Patents  Pending 

4300-4303  WEST  A  DAMS  ST. 


August  12th,  1910. 


Geo.  F.  Soull,  Asst.  Gen.  Mgr., 
Edison  Mfg.  .Co., 


Bear  Sir:- 


Orange,  IK  J. 


I  am  very  glad  indeed  to  receive  your  telegram  of  this  morning  admon¬ 
ishing  me  against  going  either  crazy  or  to  Hew  York,  for  to  toll  the  truth  I 
am  not  anxious  to  go  either  way,  hut  I  am  certainly  very  much  exercised  over 
this  unaccountable  situation.  ;i»]y  imagination  cannot  picture  what  has  brought 
it  about.  Evidently  it  is  a  matter  of  serious  import,  requiring  as  you  say 
cautious  handling  and  not  brute  force. 

I  am  veiy  glad  that  Hr.  Dyer  will  take  the  matter  up  within  the 
next  few  days,  and  I  want  to  ask  of  you  to  wire  me  as  soon  as  you  have  any 
news  of  a  settlement. 

Meanwhile,  I  remain  extremely  anxious, 

Ve  ry  t ruly  yours , 

HASIONAIr  WATERPROOF  FILM  COMPANY 


Pres. 


Aug.  18,1910, 


Mr ,17 .  A,  Banleia, 

4200  West  Adams  Street, 

Chicago,  Ill,  ' 

My  dear  Mr,  Daniels: - 

Ur.  Dyer  had  a  talk  with  Mr.  Kennedy,  and  I  supplemented 
it  tod  ay  with  another  one.  If  seems  that  the  things  whioh  I  had 
aurmised  were  standing  in  the  way  of  your  proposition  have  no  basis . 

At  least,  Mr.  Kenned;:  did  not  indicate  that  there  was  any  suoh  thing 
against  the  proposition.  Ho  gave  two  reasons  why  the  matter  has  not 
been  put  through.  The  first  was  that  it  had  been  intimated  that  you  ' 
wore  getting  out  an  extensive  advertising  campaign  to  call  the  atten¬ 
tion  of  tho  exhibitors  to  this  proposition,  and  this  ho  resented 
sinoe  the  thing, was  to  be  carried' out  os  an  experiment.  I  understand^ 
of  oourse, ■ that -you  will  believe  that  it  oannot  bo  carried  out  suc¬ 
cessfully  as  an  experiment  unless  the  exhibitors’  attentions  ore 
balled yto  it,,  but  in  view  of  the  oare  with  which  we  must  necessarily 
hondlh^th is  proposition  I  think  we  will  hgV0  to  submit,  and  1  would 
suggest  that  on  this  head  you  write  a  letter  to  Mr.  Kennedy  saying 
that  £ told  you  what  he  had  said,  'and  assuring  him  thnt  nothing 
Of  that  kind  will  be  done.  I  think  this  will  remove 'one  obstacle. 


Ur.  W.  A.  Denials 


-2- 


Aug.  18,1910, 


In  the  seoond  place  he  said  that  the  business  of  the 
Calumet  Exchange- had  been  dumped  in  on  Aiken  in  the  last  fen. 
days,  and  he  nill  be  almost  swamped  with  work,  and  would  have 
absolutely  no  room  for  the-proposition ,  and  he  did  not  believe 
that  they  would  be  ready  to  begin  before  ten  days  or  two  wools, 
possibly.  This  matter,  you  can  oonfirm  for  y.  ur  end,  and  I  would 
suggest  that  in  the  letter  you  write  to  Hr.  Kennedy  you  ask  him 
to  set  a  definite  date  on  which  you  can  bo  ready  to  begin,  and 
this  will  probably  put  it  up  to  him  so  that  he  may  give  you  a 
definite  answer. 

Yours  very  truly. 

Assistant  General  Manager. 


Mr.  George  ]?,  .scoll 

as  at.  Gen.  ligr.  Edison  Mfg.  Oo. 

Orange ,  n .  J . 

-V y  dear  :;r.  Sooll: 

V/e  are  getting  all  of  the  Turner  &  Dahnlren 
release  except  the  Eiograph.  I  have  written  to  Mr.  Kennedy 
asking  for  this  hui;  we  got  no  reply  and  no  film.  If  you  can  do 
anything  to  induce  him  to  ship  Turner  &  Nahnken’s  films  to  us, 
it  would  he  appreciated  by  us  andTurner  &  Dahnken  as  well.  V/e 
have  heard  nothing  from  Mr.  Kennedy  regarding  the  gonerrl  film 
work,  since  I  was  in  NewYork.  I  do  not  supose  there  is  any  use, 
in  your  asking  Mr.  Kennedy  about  this.  V/e  have  about 
abandoned  all  hope  in  this  direction.  The  delay  is  inexplain- 
able. 

We  have  the  Spoor  machines  in  our  factory  now  and 
~^M 1  .  33-  setting  them  np  they  will  be  running  by  next  Wednesday. 

Yours  truly 

NATIONAL  WATERPNOQP  FILM  CO . 

Dio.W.A.D. 


HmIONAL  WOVRMIOOP  Plus  to* 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  Washable  with  Water 

0  Process  and  Machinery  Patents  Pending 

4200-4202  WEST  ADAMS  ST. 

Vi  Sept.  16th.  1910 


Mr.  J.  F.  Scull 

Assistant  Sup.  Edison  Mfg.  Co. 

Orange ,  M .  3 . 

My  dear  Mr.  Scoll: 

I  am  glad  to  advise  you  that  the  first 
installment  of  Turner  &  Dahnken's  Biograph  pictures  came  in 
to  day.  We  also  had  a  letter  from  the  Biograph  Company  stating 
that  they  would  send  all  of  Turner  &  Dahnken's  releases  to 
us  in  the  future.  This  now  gives  us  all,  and  to  day  we 
shipped  them  eleven  reels. 


Yours  truly 


Natjonm.  WtaraRpnoor  Fiu«  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Penoing 
4200*4202  WEST  ADAMS  ST. 


©ean©m®»sept.  27th.  1910 


George  F.  Scull, 

Assistant  Gen.  Mgr.  Edison  Mfg.  Co. 

Orange,  H.  J. 

My  dear  Mr.  Scull: 

I  am  in  receipt  of  youj-s  of  the  19th.  It  seems 
to  me  that  it  will  he  best  to  say  nothing  further  to  Mr. Kennedy. 
Eerhaps  in  his  own  good  time  he  will  bring  the  subject  up 
himself.  I  saw  Mr.  Spoor  yesterday.  He  expects  to  go  east  this 
week.  He  thinks  our  ooathing  would  be  of  great  advantage  to  the 
General  Film  here  and  he  volunteered  of  his  own  free  will  to 
say  that  he  would  speak  to  Mr.  Kennedy  about  it  when  he  saw  him. 

We  are  still  coating  all  of  Turner  &  Dahnken's 
releases  and  I  presume  with  satisfaction, at  least  we  hear 
nothing  to  the  oontrary.  We  received  a  check  from  them  to  day 
and  this  puts  me  in  mind  to  say  thet  the  Edison  Mfg.  Co*  owe 
us  about  $800.00  for  solution, since  Aug.  9th.  We  hope  to  receive 
this  shortly. 


Yours  truly 


National  Whirproof  nun  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Wasiiaule  with  "Water 

Process  and  Machinery  Patents  Penoino 
4200-4202  WEST  ADAMS  ST. 

@raa©A<&©*oot.  3rd.  1910 


J.  F.  soull 


Assistant  Gen.  Mgr.  Eaison  Mfg.  Co. 


Orange,  M.  J, 


My  dear  Mr.  Soull:  y  .. 

Replying  Jib  your  29th.  of  Sept,  will  say  that 
in  as  much  as  the  60  days  will  he  up  in  less  than  a  week  there 
seems  to  he  no  grounds  for  controvercy .  At  any  rate  I  am  glad 
to  inform  you  that  the  wait  will  not  emharrasB  ub.  Our  greatest 
lack  at  present  is  work.  We  are  doing  practically  nothing  oiitside 
of  the  Turner  &  Dahnken  releases,  and  I  certainly  chafe  under  the 
conditions.  X  want  to  stick  to  the  licensed  side  hut  my  experience 
with  the  G.F.Co..  releases  here  carries  little  encouragement  to 
do  so.  On  the  other  hand  I  should  have  no  trouble  in  contracting 
to  do  all  the  films  of  the  new  American  Co.  here.  Would  this  in 
your  opinion  he  adviseable?  You  will  at  once  recognize  the  two 
sides  of  the  question  on  which  I  shall  he  glad  to  receive  your 
advice . 


It  seems  to  me- that  our  proposition  would  he 
invaluable  for  Mr.  Flintom  in  St.  Louis,  where  he  is  having 
such  strong  independent  competition.  I  am  prevented  from 
soliciting  him  through  the  believe  that  he  would  not  act  except 
through  the  advice  of  his  friend  Mr.  J.  J.  Kennedy.  If  Mr.  K. 
would  not  consent  to  our  coating  the  Teatre  Film  Co.  releases 
for  nothing  in  Chicago,  would  he  advice  his  friend  Mr.  Flintom 
to  pay  us  $3.50  pr  reel  for  St.  Louis?  I  am  sure  that  by  water¬ 
proofing  all  of  his  releases  and  once  a  week  washing  his  films 
Mr.  Flintom  could  not  alone  advertise  the  only  clean  service, 
hut  would  have  all  that  he  claimed  just  as  Turner  &  Dahnken  are 
successfully  doing  in  San  Francisco. 


Your  early  reply  will  oblige 


National  Wmmmom  iFta  Co, 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  'Water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS  ST. 

Oot.  6th.  1910 

J.  P.  Soull 

Assistant  Gen.  Mgr.  Edison  Mfg.  Co- 
Orange,  U.  J. 

Dear  Sirs 

We  shall  at  Art  in  next  week  waterproofing  the  selig 
and  Essanay  releases  for  Dieber  of  Indianapolis.  This  is  an 
experiment  which  if  successful  will  result  in  Dieter  having  all 
of  his  releases  waterproofed.  By  the  way,  he  reports  very 
favorably  on  your  films,  says  the  outlast  all  others  and  this 
too  without  any  washing.  In  fact,  Dieber  had  never  taken  out 
of  the  crate  our  washing  machine  sent  him  four  months  ago.  We 
unpacked  it  yesterday  and  he  promised  to  wash  his  waterproofed 
releases  hereafter  once  a  week.  We  also  have  advice  from  the 
Pacific  Coast  to  the  effect  that  the  Clune  people  are  seriously 
considering  having  all  of  their  films  waterproofed  as  burner 
&  DahnkSn 'are  doing. 


Yours  truly 


Mr.  VI.  A.  Daniels, 

National  ,/aterproof  Film  Co. , 

4200  .Vest  Adams  Street, 

Chicago,  Ill. 

Dear  Slr:- 

I  duly  received  yours  of  October  22nd  and  27th 
und  have  kept  them  to  turn  them  over  in  my  mind. 

First,  taking  up  the  suggestion  in  yours  of 
the  22nd  ult.,  I  frankly  must  say  that  I  think  the  proposi¬ 
tion  is  a  little  too  thin  to  put  across.  lie  have  nobody 
around  here,  that  I  know  of,  who  1b  in  a  position  to  make 
such  an  investigation  as  this  would  call  for  ,  and  I  think 
in  any  event  the  theory  would  be  too  much  for  the  average 
person  to  accept.  In  addition;  of  course,  there  is  a  second 
edged  sword,  as  you  say,  which  would  make,  it  an  additional 
reason  for  not  taking  it  up. 

■I-  have  carefully  gore  over  your  letter  to  Mr.  ... 
Kennedy  and  have  the  following  criticisms  to  make  in  regard 
to  it.  As  stated  above,  I  do  not  believe  the  point  in  reference 
to  the  micro-organisms  in  the  film  has  any  weight.  I  doubt  very 


#2-;7.  A.  Daniels- 

much  the  expediency  of  saying  anything  under  the  heading 
of  "Financial  Conditions".  As  far  as  I  know,  nothing  what¬ 
ever  has  ever  been  saia  along  these  lines  ana  X  think  the 
time  to  take  it  up  wouia  be  after  we  could  convince  the 
General  Film  Company  that  there  is  something  in  the  proposi¬ 
tion  from  the  standpoint  of  clean  film.  It  looks' too  much 
like  a  stock- jobbing  proposition,  although  in  your  subsequent 
paragraph  you  disclaim  such  a  purpose. 

.  I  certainly  think  the  last. paragraph, is  highly 
objectionable,  ter.  Kennedy,  so  far  as  I  know,  has  no'aversion 
to  writing  letters,  although  he  has  no  serious  objection  to 
neglecting  to  write.  He  can  write  a  letter,  however,  quickly 
enough  when  ho  thinks  it  is  called  for,  and  in  a ‘way  I  rather 
think  the  paragraph  is  half  way  insulting. 

I  wish  that  you  would  write  to' Turner,  &  Dahnken 
and  see  whether  or. not  you  can  get  a  letter. from  them  which 
we  could  use  in  our  advertising  of  the  Kinetogram,  to  Bhow 
the  benefit  of  waterproofing.  •  ’ 

I  am  interested  In  your  statement,  tjhat  the  Sales 
Company  is  now  putting  out  1,000  films  per  week'.  I  do  not 
know  what  your  basis  for  such  a  belief  is.  Only.  thiB  week 
one  of  the  members  of  the  Sales  Company  tpld  one  of  our  people 
and  he  had  a  purpose  in  saying  it  which  would  load  him  to. tell 
the  truth,'  that  as  a  matter  of  fact  they  are  putting  out  about 
600  rpelf!  per  week.  I  admit  that  even  600  reels'  per  week  is 
more  than  we.  ought  .to  let  them  put  out,  but'!  at  the  same  time 
there  is.  considerable  difference  between  tjais  and  the  1,000 


' #3-W.  A.  Daniels - 
which  you  mention. 

Please  remember  that  my  suggestions  as  to  Mr. 
Kennedy’s  litter  are  merely  suggestions  and  not  by  any 
means  final.  If  you  do  not  believe  there  is  any  point  to 
them,  I  wish  you  would  go  ahead  and  write  the  letter  as  you 
think  best.  Personally,  I  doubt  very  much  whether  such  a 
letter  will  do  any  good,  but  it  might  be  well  to  try  it 
out,  since  you  evidently  think  that  such  a  thing  is  desirable. 

Yours  very  truly,  • 

PC 


Asst .  SPHERAL  KAHAGER. 


[ATTACHMENT! 


VUmomL  Wmmmoow  Rum  C©>* 

CAPITAL  $  100,000. 

Moving  Picture  Films  made  "Washable  with  Water 

Process  and  Machinery  Patents  Pending 


02  WEST  ADAMS  S‘ 


Proposed .letter . 


<&m©A@©9 


Mr.  J.  J.  Kennedy 
General  Film  Co. 

Ho.  a  5th.  Ave.  HewYork,  H.  Y. 

My  dear  Mr.  Kennedy; 

-••wflN  .»ich  i 

considerable  thought.  if  to  taelUl.  aotioa. 

Exclwsivenese.  >xolJ«eWoogis.  the  oc.rci.l  »dv„t«g»  of  oohtrolliBs 
Condition.  .^^ition  of  the  film  business  of  to  day 

KBS*£?».  1SSris0»|0.”o?!atl”sulshl"6 

claimsaofrt^°ofvf^‘nSmJ?aVe  mcn7  8°°*  points  for  emphatic 

The  paramount  claim  for  waterproof  ini?  1b  that  a  fn™ 
0an  ?e  *»*  cleaD  and  freefrom  "rain"  by  ' 

wnBh?^Ct^ly  washing  it  with  soap  and  water.  Without^this 
washing  the  value  of  waterproofing  is  of  course  minimized. 

washeIea^nfl5?o=Ure*f  wash^|  machine  which  automatically 
eight  minutes!  *  thousand  feet  of  waterproof  film  in 

‘  fluids^whlch  should  never  be  washed  with  volatile 

s^Bij‘Si.ne;uh?of1ssrii^!1!e 

The  General  Film  Co.  is  in  position  to  fores  n 

?^°““°.“;?sKoTso™Ks  of  ™*<,r*'ro°f  «i»>. 

mo„gersr^.r*ss  s^vsst’  tr*4*  °°"ia  w 

The  proposition  is  well  protected  with  patents. 

’  IpsH s*-  i 


Interesting. 


Superiority. 


Paramount 

claim. 


Washing 
by  machinery. 


[ATTACHMENT! 


tonONAL  IftrsRwtoor  Rum  Co. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 


™  natented  n.  fpplica!io?  °f  waterproofing  by  first  sizing 

patented.  the  film  is  a  patented  process,  and  without  infringement, 

coating  can  not  be  applied  which  will  not  peel  off.  She 
patented  method  of  sizing  not  alone  prevents  the  water¬ 
proofing  from  peeling  from  the  emulBion.but  keeps  the 
emulsion  from  lifting  off  the  base  of  the  film. 

The  Waterproofing  is  applied  by  a  coating  machine  which 

Coating  machine  spreads  the  solution  all  around  the  sprocket  holes  with- 
patented.  out  clogging  or  going  through  to  spot  the  back.  Shis 
i0  patented  under  claims  which  would  make  it 
difficult,  if  not  impossible,  to  coat  a  film  without 
infringement. 

a  She  drying  maohine  takes  the  film  from  the  ooater 

D  y  ”f+“*£hine  “L??*?!08  w  face  up  (without  stretch  or  shrinkage) 
patent.  untill  it  is  dry  and  reeled.  Shis  machine  is  also 

patented. 

She  Formulas.  She  component  parts- of  both  sizing  and  waterproofing 

mixtures  are  secrets  difficult  to  determine.  They  are 
the  result  of  considerable  cost  in  time,  money  and 
experiments,  even  if  known,  they  could  not  be  practically 
applied  without  infringing  our  patents. 

Foreign  patents.  Patents  have  been  allowed  in  France,  Germany  and 
England  as  well  as  in  this  country. 

Adventages.  A  waterproof  film  is  one  which  can  be  washed  with 

soap  and  water  and  the  adventages  of  occasionally  washing 
m  unis  manner  are 

a  -  It  removes  so  called  "rain"  by  washing  the  dirt 
from  out  the  scratches, 
b  -  It  keeps  the  film  soft  and  pliable, 
o  -  As  a  hygienio  measure  it  is  of  great  value,  for  no 
film  can  travel  around  week  after  week  without 
**)  becomming  more  or  less  infected  with  bacilli  and 

other  micro-organisms.  Bacilli  have  a  recognized 
-afinityyfor  geletine;  sunlight  destroys  them,  and 
l  any  light  desturbs  them,  so  that  it  is  believed  that 

rniilions  are  forced  by  the  light  of  a  projecting 

]  into^thetauditoriumT°ln  t0WardS 

legislation,.  I  It  is  thought  that  in  the  interest  of  public  health 

^  municipal,  or  state  enactments  could  more  easly  be  obtained 
>  in  favor  of  washable  films  than  in  favor  ofMn-irfi.lu 
t  |  films  which, upon  test, have  been  found  to  be  inflalab^  6 


[ATTACHMENT] 


t  -  3  -  f  rCLCP„oKt  KI 

Kwsonal  WampRooF  Rut-Cfo. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  machinery  Patents  Pending 

4300-4202  WEST  ADA  MS  ST. 


Other  and 
miscellaneous 
advantages . 


The 

Chicago  teat .  . 

hfX 

Great  benefit. 
Arrangements. 

Facilities. 


0 

d 


f 


e 


Waterproofing  dries  as  hard  as  celluloid  and  is 
therefore  less  likely  to  scratch  than  is  the  un¬ 
protected  geletine  of  an  ordinary  film. 

A  waterproof  film  cannot  stick  at  a  gate  of  a 
projecting  machine. 

Ho  small  particles  of  the  metallic  developing  Balts 
oan  come  off  between  the  folds  of  the  reel  to  scratch 

Ihe  film  rims  smoother  and  the  picture  is  therefore 
steadier  on  the  screen. 

Ihe  picture  is  brighter  because  a  waterproofed  film 
being  shiny  on  both  sides  admits  more  light. 

The  Joints  are  less  liable  to  part,  and  if  they  do 
part,  a  waterproofed  film  can  be  quickly  spliced  by 
first  scraping  off  the  waterproofing  with  a  sharp 
knife,  and  then  proceeding  bb  with  any  film. 

The  life  of  a  film  is  commercially  extended,  runs 
several  months  old,  being  as  clean  and  clear  as  with 
ordinary  films  after  a  few  days. 


For  some  unaccountable  reason  the  ninty  days 
gratuitious  waterproof  test,  arranged  for  the  Dearborn 
Street  Departement  of  the  General  Film  Co.  here  has 
never  been  started.  While  we  are  still  willing  to  carry¬ 
out  our  part  of  the  arrangement,  we  believe  it  should 
not  now  be  neoessary;  the  reason  being  that  Messrs. 

Turner  &  Dahnken  of  San  Francisco  have  for  nearly  three 
months  waterproofed  all  new  releases,  and  have  established 
what  we  sought  to  prove  through  the  Chioago  trial  i  e. 
that  waterproofing  is  of  great  benefit  to  moving  picture 
films  when  intelligently  handled. 

The  national  Waterproof  Film  Co.  is  anxious  to 
arrange  with  the  General  Film  Co.  for  waterproofing  all 
of  their  films,  by  which  they  (the  G.F.Co.)  can  have  the 
exclusive  benefits  of  the  process,  and  thus  effectually 
differentiate/their  goods  from  those  of  their  competitors. 

To  fapiliate  this  work  the  Waterproof  company  is 
ready  to  establish  a  plant  in  or  convenient  to  HewYork 
releases>  a“a  to  enlarge  the  present  Chioago 
plant -to  take  care  of  all  Western  work.  6 


[ATTACHMENT) 


National  Waterproof  Run  to. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 


•The  national  Waterproof  Film  Co.  is  at  present 
I  selJ  sustaining.  It  has  a  paid  in  capital  of 

$65,000.00  with  $35,000.00  unissued  treasury  stook. 

This  could  he  subscribed  for  by  you  or  friends;  In  this 
way  not  ■alone  receiving  the  fuli  benefit  of  exolusive 
use,  but  getting  35$  of  the  net  profits  besides. 

Our  proposition  however  is  in  no  way  contingent 
upon  any  inve  stment  upon  your  part . 

/  While  we  know  your  aversion  to  writing  letters 
/  we  earnestiy .  request  a  reasonably  prompt  reply  to  this 
f  one-  Meanwhile  we  remain  with  best  wishes.  ' 


Yours  truly 

N^OHAI  ^.TERPROO^  FILM  CO. 


j  r 

HATfONAL  WOTSRPROOF  niM  ©Q>. 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Penoino 

©■canem®*  iiov.  ioth.  1910 


Mr.  George  F .  Scull 

Assistant  Gen.  Mgr.  Edison  Mfg.  Co* 

Orange,  II.  J . 

My  dear  Hr.  Scull; 

I  am  in  receipt  of  your  7th.  and  wish  to  thank 
you  for  your  advico,  part  of  which, at  least,  I  shall  follow,  hut 
I  cannot  bring  myself  to  believe  that  the  letter  can  do  any  harm, 
even  if  it  does  no  good.  1  don't  think  vie  should  sit  quietly  by, 
with  our  proposition  "hidden 'under' a  bushel" . 

The  General  Film  Co.  needs  us,  and  it  needs  us  badly 
and  immediately. xf  they  are  not  awake  to  their  own  interest,  it 
is  our  loyal  duty  to  arose  "  them.  If  they  are  past  awaking,  .then 
we  should  know  it  and  be  governed  accordingly. 

There  will  be  nothing  in  my  letter,  which  cannot  he 
substantiated  except  the  bacilli  idea,  and  I  offer  this  only  as  a 
suggestion.  The  gentleman,  who  first  spoke  to  mo  about  it,  is  no 
novice  in  film  matters, as  yon  would  admit,  vie re  I  at  liberty  to 
name  him. 


My  information  as  to  the  Sales  Co.  output  came  from 
the  Independent  side , so  of  course,  was  taken  with  some  salt.  I 
passed  it  to  you  ns  I  got  it,  and  you  cun  salt  it  to  suit  your¬ 
self. 


I  have  already  written  Turner  &  Dahnken  for  the  letter, 
which  you  can  publish. 

Ideber  has  bought  a  washing  machine  for  $100.00  and 
continues  paying  us  $5.00  pr..  reel  for  waterproofing  his  Selig  and 
Essanay  releases.  From  all  that  we  can  hear,  they  are  pleased 
with  the  proposition,  but  have  perhaps  not  been  at  it  long 
enough  to  give  us  a  letter  for  publication. 

Yours  truly 

MATI0HA1  WATEIiPKOOF.  FILM  CO. 


Die.  D. 


•  ~7Ury^Zrr  j/:\S(UaJJL^ 

tyb  SzLsso  <r^  f’UsGL. 


Jtiy  Js-Ls^ 

sZ^LsV^s^  S—-3  UVLs&sLSs  VXsilscbtJ 

v_5* ^  iss^s^ots^sOstZtssAy  Ay—  /(v,  Gus/Classo  — 
QJLJ  Zt^.'i^asCA*—  7 '2xs^yL^y  CL*A  tJ^Lr- 
Xst  \r-t-Y~~f  t^^J^CZe^o  ~tF  yULeuj  ]r™-*~ 
J-Zt/cfi^L.  s^ss~  f^ZZ  cAL-J  <SJL-a-j~r-  <^cvC»x^-i_. 
iltr  Jo*  -huyc  ffccL  fryr.&dJL, 

ss*s^  tisssisss  (t\a**ZC>  &J%s  *5^-rgy~7 

h-c-C  "i^jLi-MJL/  tv—  J-fcZZZ  y-&4~j  As-^-j T^hf 
i'uj^caJy  - - 

'SusoZds,  j  Iru^uucr  as  ts^ssj  #-J 

A S~&JOZr-^*s-  ^r^Zs^s-s^j  j  s — *3  As  V  \s*y  Q&^GstAt/y — 

<fctJLL<r~r-j  asszj  yr^s  cJUs-y  cAamcs^ 

far  fsujJZT  -<^~  ^tri-J  /rs  £Z^ss~  sJCs 
ArJcL.  */nLs  jrissCULj  oJl^t^cZsAsClJ  ^y 

>^y,»VV^  /vLo/y  ,  ^ 

Ms*^s  *&-o  -  /  o 


National  fcipi@©p  lu  to* 

CAPITAL  $100,000. 

Moving  Picture  Films  made  Washable  with  Water 

Process  and  Machinery  Patents  Pending 
4200-4202  WEST  ADAMS  ST. 

©m<ga©@®  Dec.  20th.  1910 


Isly  dear  Mr.  Scull: 


J  •  •  As  a  postscript  to  the  enclosed  I  must 
confide  in  you  that  ir,  order  to  Set  the  right  umbrellas  at 
the  right  price  for  our  friends  in  Orange  we  were  compelled 
to  buy  a  dozen  and  a  half,  Bo  having  15  over  we  hsve  Bent 
one  to  each  of  the  licensed  film  manufacturers  as  well  as 
one  to  Mr.  p.  X.; : Waters  of  the  a.  V.  Co. 


handle  marks: 


The  following  is  the  complete  list  with 


Mr.  J.'  a.  Berst 

"Be  fortified  'gainst  cloudy  skies  and 
rainy  films". 

Mr.  3.  s.  Blackton 

"When  the  sky  is  rainy  take  me  out. 

When  the  film  is  rainy  go  out  yourself" , 

Mr.  Frank  I.  Dyer 

"I  rejoice  to  be  held  upright  over  the  upright 
Mr.  Thomas  A.  Edison 

"Wo  one  knows  who  invented  me, 

Thomas  A.  Edison  owneth  me". 

Mr .  J .  3 .  Kennedy 

"May  the  covering  of  my  ribs  waterproof 
the  covering  of  yours". 

Mr.  George  Kleihe 

"Bain  spo'ils  good  clothes 
.  And  picture  shows"  . 

Mr.  S.  long 

"A  leaky  umbrella  and  a  rainy  film  dampen  the 
feelingB". 

Mr .  8.  lubin 

"An  umbrella  is  at  its  best  when  it  rains 
a  picture  film  is  at  it ’ b  worst . 

Mr.  F .  3 ,  Marion 

"Cloudy  skies  mean  rain, 

Rainy  films  mean  ruin".: 


Mr.  H.  N.  Marvin 

"Protect  your  films  fr.om  rain 
and  X  v/ill  protect  you". 

Mr.  Gaston  Melies 

"To  be  serviceable,  umbrellas  and  picture 
films  should  be  waterproof". 

Mr.  Wm.  T .  Rock 

"As  you  appreciate  waterproofing, 

I'm  your  friend". 

Mr.  George  F.  Scull 

"In  rain,  I  reign  above  the  most  exalted". 
Mr.  William  if .  Selig 

"A  waterproof  suggestion". 

Mr.  F.  w.  Singhi 

"A  rainy  sky  is  always  above  you, 

A  rainy  film- should  be  beneath  you". 

Mr.  A.  E.  Smith 

"To  rainy  films  I  do  object. 

From  other  rein  I  will  protect". 

Mr.  George  K.  Spoor 

"A  good  umbrella  and  a  waterproof  film, 
fear  no  rain". 

Mr.  P.  1.  Waters 

"A  General's  order  -  "Keep  your  powder  dry 
and  your  films  rainless". 

Yours  truly 

NATIONAL  WATERPROOF  FILM  CO. 


-Pros  •■fc-J 


LEGAL  DEPARTMENT  RECORDS 
MOTION  PICTURES  -  INTERFERENCE  PROCEEDINGS 

Aiken  v.  Moore  and  Armstrong  (No.  27,476) 

Platt  v.  Morris  and  Leveen  v.  Aiken  v. 

Moore  and  Armstrong  (No.  27,477) 

Oertly  v.  Aiken  v.  Power  (No.  27,  479) 

Oertly  v.  Aiken  v.  Schneider  v.  Platt  (No.  27,480) 

Currie  v.  Moore  and  Armstrong  (No.  30,181) 

This  folder  contains  material  relating  to  five  Patent  Office  proceedings. 
The  interferences  involve  applications  filed  by  Edward  L.  Aiken,  John  Oertly, 
William  Platt,  Nicholas  Power,  Eberhard  Schneider,  and  other  parties,  including 
William  B.  Moore  and  Thomas  H.  Armstrong  of  Moore,  Bond  &  Co.,  successor 
to  the  Stereopticon  and  Film  Exchange  of  Chicago.  The  documents  pertain  to 
automatic  shutters,  also  known  as  fire  shields  or  protective  gates,  which  were 
attachments  used  in  film  projectors  for  fire  safety.  The  selected  items,  which 
cover  the  period  1906-1908,  include  correspondence,  agreements,  briefs, 
depositions,  and  patent  specifications.  Also  included  are  four  undated,  rough 
drawings  by  Edison,  which  relate  to  other  drawings  by  Schneider  and  Power. 
The  correspondence  is  primarily  by  Frank  L.  Dyer  and  Herbert  H.  Dyke  of  the 
Legal  Department  and  by  other  patent  attorneys,  including  Bacon  &  Milans  of 
Washington,  D.C.,  and  Charles  T.  Brown  of  Chicago.  There  are  also  letters  by 
attorney  Baxter  Morton,  vice  president  of  the  Nicholas  Power  Co.  of  New  York. 

Among  the  items  not  selected  are  twenty-five  patents  covering  the  years 
1869-1908.  The  earlier  patents  relate  to  improvements  in  steam  engine 
governors;  most  of  the  later  patents  pertain  to  the  use  of  automatic  shutters  in 
projectors  for  fire  safety.  The  inventors  represented  include  one-time  Edison 
employee  James  H.  White,  as  well  as  Leon  Bories  of  San  Francisco;  August 
and  Louis  Chronik  and  Nicholas  Power  of  New  York;  Frank  McMillan,  John  J. 
Pink,  and  Alvah  C.  Roebuck  of  Chicago;  and  Albert  D.  Palmer  of  Pittsburgh. 


Krohn,  Fechheimer  8t  Co. 


MAKERS  OF 

women’s  shoes. 


Factory*  General  Offices, 


"kroVinf'ech,  cincinnat 

Cincinnati. 0.u.s.a.  April  81,  06 


Mr.  Frank  L.  Dyer, 

Legal  Dep't  Edison  Phonograph  works, - 
Orange,  N.J, 

Dear  Sir: 

Enclosed  I  beg  to  hand  you  petition  and  assignment  of  patent 
which  I  have  executed  as  agreed,  and  trust  you  win  find  same  in  order. 


In  going  fiver  the  claims  on  the  patent  I  notice  you  have  same  pretty 
well  covered,  hut  perhaps  the  following  suggestions  might  not  come  amiss. 

The  shutter  gate  when  closed  allows  an  air  space  of  5/8  inch  between 
the  shutter  and  film,  hence  same  can  withstand  any  heat  to  which  it  may 
be  subjected. 

In  the  event  of  crank  arm  or  any  other  part  of  the  mechanism  becom¬ 
ing  disconnected,  shutter  would  drop  of  its  own  volition. 

The  underwriters  here  demand  a  set  screw  on  the  crank  to  prevent  sane 
slipping  from  the  shaft,  end  you  win  note  that  I  have  provided  one  *  al¬ 
though  in  such  event  the  shutter  would  close,  as  above  mentioned. 

In  the  event  that  an  operator  should  attempt  to  use  the  machine  with¬ 
out  closing  the  shutter  gate,  and  making  the  proper  connections  with  crank 
arm,  you  will  notice  the  crank  arm  immediately  becomes  engaged  with  the 
cogs,  and  the  machine  cannot  be  operated. 

I  merely  mention  these  few  points  which  you  may  not  have  brought  out 
quite  as  strong  in  your  claims,  as  may  be  advisable.  However,'  this  1b 
of  course  for  you  to  decide,  and  should  there  be  any  further  matters  that 
you  wish  given  attention,  by  me,  kindly  let  me  know,  and  oblige, 

6  Yours  truly. 


1 


f 


May  2,  1907 


John  Oertly,  Esq. , 

o/o  Krohn  &  Fechheimer, 

9th  &  Sycamore  Sts., 

Cincinnati,  Ohio. 


Dear  Mr.  Oertly:  — 

.  Your  application  for  kinetOBCope  film 

pr  o  tecting  shutter  haB  been  placed  in  interference  with  other 
applioat ions  in  the  Patent  Office.  One  of  these  interferences 
involves  claims  17  and  18  of  your  application,  which  are  as 
follows: 

"17.  In  a  kinetosoope,  the  combination  of  a  frame 
having  a  light  aperture,  a  main  shaft,  and  film  feeding'  ^ 
mechanism,  a  gravity  closure  for  the  light  aperture  having.-^ 
an  outwardly  extending  member,  a  member  loose  on  the  main  b"’ 
shaft,  and  means  connected  with  said  last  mamed  member  for 
engaging  the  projecting  member  of  the  closure  and  opening 
the  closure,  and  holding  the  same  open  while  the  main  shaft 
is  in  operation,  and  releasing  the  closure  when  the  main 
shaft  ceases  to  operate. 

18.  In  a  kenetoBCope,  the  combination  of  a  frame 
having  a  light  aperture,  a  main  shaft,  a  friotion  olutoh 
member  thereon,  a  sleeve  loose  on  said  shaft,  a  orank  handle 
adapted  to  hold  the  Ioobo  sleeve  in  oontaot  with  said  olutoh 
member,  while  the  orank  is  being  operated,  whereby  the. 
sleeve  is  friotionally  connected  to  the  shaft, and  a  hinged 
olosure  normally  covering  the  light  aperture,  operative 
connections  between  the  closure  and  said  sleeve, whereby 
the  rotation  of  the  sleeve  opens  the  olosure  and  maintains, 
it  open  while  the  orank  handle  is  in  operation, said  sleeve 
and  its  connections  moving  relative  to  the  shaft  and  re¬ 
turning  to  normal  position  and  allowing  the  closure  to 
cover  the  light  aperture  when  the  orank  handle  ceases  to  ' 
operate." 


f 

JO— 2— May  2,  1907 


f 


You  will  notice  that  there  is  perhaps  some  question 
as  to  whether  the  terms  used  in  these  claims  properly  describe 
your  device,  as  for  instance  the  term  "main  shaft"  would  have 
to  be  construed  to  include  the  hub  of  the  main  drive  wheel 

and  the  sleeve  thereon,  and  the  closure  or  shutter  is  describ- 
an 

ed  in  claim  17  as  having  "outwardly  extending  member', 1  whereas  , 
in  your  construction  the  outwardly  extending  member  or  ax 
crank,  is  attached  not  directly  to  the  shutter  but  to  a  rock 
shaft.  These  claims  were  first  made  in  another  application 
and  were  suggested  by  the  Patent  Office  aB  claims  whioh  could 
be  made  in  this  application,  and  this  fact  accounts  for  the 
inaccuracies  of  description  to  which  I  have  referred. 

However,  these  questions  are  not  important  at  this 
time,  but  probably  will  have  to  be  considered  later. 

Another  interference  involves  your  claim  20,  which 
is  as  follows: 

"20.  In  a  picture  projecting  machine,  the  combina- 
p, J-i  tion  with  the  film  moving  mechanism  thereof,  of  a  hinged 

c,\v-  door,  the  said  door  having  a  sight  opening  therein,  a  grav- 
ity  shutter  normally  cldsing  said  opening,  film  protecting 
shields  carried  by  the  upper  and  lower  edges  of  said  door, 
and  means  actuated  by  the  above  mentioned  mechanism  for 
raising  said  shutter." 

and  the  third  interference  involves  your. claim  21: 

"21.  A  shutter  attachment  for.kinetoscopes  com¬ 
prising  a  vertically  hinged  gate  frame,  a  rock  shaft 
jourhalled  on  said  frame  and  carrying  a  shutter  and  a 
crank . " 

Although  these  last  two  claims  were  suggested  by  the 
Patent  Office  to  be  made  in  your  application,  there  is  apparent¬ 
ly  no  question  as  to  the  accuracy  of  the  description  therein. 


1907 


I 


JO— 3— May  2, 


It  will  be  necessary  to  file  as  soon  as 
'possible,  in  the  Patent  Office,  what  is  known  aB  the  pre¬ 
liminary  statement,  in  each  of  these  interferences.  I -assume 
that  it  is  altogether  likely  that  you  invented  the  subject 
matter  of  each  of  these  four  claims  which  are  copied  above, 
at  one  and  the  same  time,  and  if  this  be  so  you  will  need  to 
give  me  the  facts  for  but  a  single  statement,  and  I  can  pre¬ 
pare  the  others  therefrom.  Inasmuch  as  it  will  be  necessary 
for  the  statements,  after  they  are  completed,  to  be  sent  to 
you  for  signature,  and  the  time  for  filing  them  in  the  Patent 
Office  in  quite  short,  I  hope  that  you  cen  give  me  the  facts 
which  .1  shall  now  proceed  to  specify,  as  soon  aB  possible, 
but  I  wish  to  impress  upon  you  the  necessity  of  making  accurate 
statements  in  each  case,  and  of  making  these  dateB  which  you 
will  fix,  as  early  as  it  is  possible  for  you  to  prove,  because 
it  iB  a  rule  of  the  Patent  Office  that  testimony  of  dates 
earlier  than  those  set  out  in  the  preliminary  statement  will 
not  be  accepted  in  interference  cases. 

Please  let  me  know  then: 

(1)  When  you  first  conceived  the  invention;  that  is, 
when  it  first  took  form  in  your  mind. 

(2)  'When  you  first  made  drawings  of  the  invention, 
and  if  you  made  no  drawings  then  so  state. 

(3)  When  you  firBt  explained  the  invention  to 

others,  and  to  whom.  , 

(4)  When  you  first  made  a  model  showing  such  in¬ 
vention. 


(5)  When  your  invention 


first  embodied  in  a 


I  t 

JO— 4- -May  2,  1907 

(6)  When  and  where  such  machine  was  first  success¬ 
ful  3y  operated. 

The  mere  statement  of  these  facts  which  are  de¬ 
sired,  is  self  explanatory,  except  that  a  word  of  explanation 
as  to  4  and  5  is  desirable.  Under  4  I  have  asked  for  the  date 
of  making  a  model.  By  the  word  "model"  1b  meant  a  construc¬ 
tion  which  cannot  be  relied  upon  as  a  reduction  to  practice  of 
the  invention.  As  I  understand  it,  the  machine  which  we  have 
had  here  and  which  you  made,  is  an  actual  full  size  machine 
and  is  such  a  machine  as  may  be  relied  upon  for  a  reduction 
to  practice,  and  is  not  such  a  construction  as  is  designated 
in  the  Patent  Office  by  the  term  "model".  Please  state 
definitely  when  this  machine  which  we  have  here,  was  first 
made,  and  operated.  If  yotl  made  an  earlier  construction  em¬ 
bodying  the  invention,  but  which  was  not  an  actual  reduction 
to  practice  of  the  invention,  please  tell  me  all  about  it,  if 
you  have  it  or  can  get  it,  and  the  date  of  its  making. 

I  wish  again  to  call  your  attention  to  the  fact 
that  there  are  three  different  interferences,  and.it  may  be, 
although  it  does  not  appear  to  me  to  be  likely,  that  you  made 
the  inventions  which  are  placed  in  these  three  different 
interferences,  a.t  different  times.  Please  consider' this 
matter  carefully  and  tell  me  whether  you  think  there  Bhould  be 
any  difference  in  the  dates  to  be  set  up  in  the  three  pre¬ 
liminary  statements  which  must  be  made. 

Awaiting  a  reply  which  I  trust  will  be  received  as 


1 


JO— 5— May  2, 


1907. 


early  as  Is  consistent  with  accuracy,  I  am— 

Yours  very  truly, 


HHD/tol 


!  Edward  L.  Aiken 

j;  John  Oortly 

f  VS ' 

Nicholas  Power 

l 

;  NICHOLAS  POKE?. ;  of  New  York,  in  the  County  of  '.Tow  York,  and  State 

of  Kew  York,  being  duly  sworn  deposes  and  says  that  ho  is  the  party 
|  to  the  interference  declared  by  the  Commissioner  of  Patents  April  30, 

!j  1907  botwoen  hiB  application  for  Letters  Patent  filed  October  20,1906, 
;!  serial  No1.  339,801,  and  an  application  of  Edward  L.  Aiken,  of  Orange, 

|;  K.  j.,  and  an  application  of  John  Oertley,  of  Cincinnati,  Ohio; 
j;  That  he  conceived  the  invention  sot  forth  in  the  declaration  of 

jj  interference  on  or  about  the  15th  day  of  August ,  1905; 
f  That  ho  firBt  made  drawings  of  the  invention  set  forth  in  the 

\  declaration  of  ihterferenoe  <5n  or  about  the  lfifch  day  of  August,  1905; 

'  That  ho  explained  tho  invention  set  forth  in  the  declaration  of 

j;  inter  for  once  to  others  on  or  about  the  15th  day  of  August ,  1905; 

that  ho  nevor  made  a  model  of  the  invention,  in  the  senso  of  a 
j;  atructuro  inoapablo  of  practical  use;  that  he  first  erabodioA  his 
ji  invontion  in  a  full  sized  operative  structure  on  or  before  the  loth 
I  day  of  September,  1905  and. that  the  said  atructuro  was  successfully 
[  operated  in  the  City  of  Kew  York,  in  the  County  of  How  York,  and 
jj  State  of  Kew  York  as  soon  as  it  was  complete.'- ; 

!;  That  he  has  manufactured  other  structures  for  U3  0  and  aale  and 

[  that  more  than  one  hundrod  or  the  said  structures  are  now  in  uso. 

|  Subscribed  and  sworn  to  boforo  mo  tho  17th  day  , of  Hay,  1907. 


IN  THE  UNITED  STATES  PATENT  OP  PICE. 


[ATTACHMENT! 


This  in vontion  rolatos  to  fire  shields  for  moving 
picture  films,  and  it  hue  for  its  object  the  provision  of 
a  shield  adapted  to  normally  out  off  the  rays  from  tho  lamp' 
of  a  moving  picture  apparatus  which  would  pass  through  tho 
projection  aperture,  together  with  mechanism  for  automat¬ 
ically  moving  the  ohielft  out  of  operative,  •position'  c.nd  hold¬ 
ing  it  out:  of  operative  position  t  as  long  as. tho  film-feed¬ 
ing  mechanism  of  the  apparatus  is'  in  operation,  and  restor¬ 
ing  the  shield  to  operative  position  instantly  when  tho  op¬ 
eration  of  the  film- feeding  mechanism  is  stopped.  A  further 
object  of  the  invention  is  to  provide  o  shield  of  the  char¬ 
acter  specified  with  shifting  mechanism  which  will  operate 
positively  and  with  perfect  reliability,  ao  as  to  insure  the 
protective  notion  of  the  shield  when  the  film  is  at  reafet 
without  interfering  with  the  passage  of  light  through  the 
projection  aperture  when  the  film  is  in  motion. 

In  the  accompanying  drawings  I  have  illustrated  my 
invention  as  applied  to  nn  ordinary  type  of  moving  picture 
apparatus,  such  portions  of  the  moving  picture  apparatus  be¬ 
ing  shown  scare  necessary  to  render  the  notion  of  the  shield 
and  its  operating  mechanism  oloar. 

In  the  drawings,  in  which  corresponding  parts  are 
designated  hy  similar  characters  of  reference  in  the  several 
views: 

Figure  1  is  a  top  plan  view  on  a  small  scale  of  a 
moving  picture  apparatus  equipped  with  an  improved  shield 
and  operating  devices. 

rigure  2  is  a  rear  elevation  on  a  larger  scale  of  the 
principal  parts  of  the  structure  shown  in  Figure  1. 

Figure  3  is  a  fragmentary  side  elevation  on  the  scale 
of  Figure  1  of  the  structures  shown  in  Figure  2. 

Described  in  general  terms,  the  present  invention 


[ATTACHMENT] 


oompriaea  a  movable  shield  1  Suitably  mounted  in  relation  to 
the  projection  aperture  2  of  the  moving  picture  apparatus, 
and  mechanism  mperated  by  the  film-fdeding  devioes  to  move 
the  shield  out  of  operative  position  Then  the  film-feeding 
mechanism  is  set  in  operation  end  to  hold  theshieldout  of 
operative  position  only  so  long  as  the  film-feeding  mechan¬ 
ism  is  operated  and  permit  the  shield  to  return  to  its  norm¬ 
al  or  operative  position  on  the  instant  that  the  operation 
of  the  film-feeding  moohanism  is  stopped. 

In  the  particular  embodiment  of  the  invention  illus¬ 
trated,  the  shield  is  suspended  from  a  short  rook  shaft  3 
journaled  in  suitable  hearing  lugs  4  on  the  back  plate  or 
hack  door  5  of  the  moving  picture  apparatus.  The  rock  shaft 
3  has  extending  from  one  end  thereof  at  right  angles  thereto 
ana  in  a  plane  perpendicular  to  the  plane  of  the  shleldr  1 
an  arm  6  which  projects  forward  when  the  shield  1  is  in  norm¬ 
al,  or  vertical, position.  Adjacent  t&  the  arm  6  of  the  rook 
shaft  is  a  cam  7  carried  by  a  lever  8  pivoted  at  9  between 
the  top  ana  bottom  parts  of  jo  horizontally  disposed  bracket 

10  mounted  on  the  side  of  the  moving  picture  apparatus  ad¬ 
jacent  to  the  main  driving  shaft  11,  from  which  motion  is 
imparted  by  gearing  12  or  otherwise  to  the  film- engagingrde1-- 
vibes.  She  lever  8  is  held  normally  in  the  position  shown 
in  solid  linos  in  Figure  1  by  a  spring  13,  and  mounted  in 

a  lug  14  v/hioh  profeots  laterally  from  the  lever  6  is  a 
short  vertionl  pin  IB  whioh  carries  a  roller  16,  whicji  is 
adapted  to  be  engaged  by  a  flange  17  provided  on  the  inner 
end  of  thesleeve'  18  which  enoiroles  the  main  driving  shaft 

11  and  from  whioh  the  orank  19,  by  whioh  the  apparatus  is 
operated,  projects.  The  sleeve  18, has  a  oam  slot  20  foimed 
therein,  as  best  shown  in' Figure  1,  and  this  slot  extends 
through  the  flange  17,  to  facilitate  the  fitting  of  tho 


[ATTACHMENT] 


sleeve  upon  the  main  driving  shaft  and  the  introduction  of 
8  pin  SI,  set  in  the  shaft  11,  into  the  slot  20.  The  sleeve 
18  at  the  end  of  the  oronk  is  secured  on  the  shaft  11  by 
means  of  a  thumb-nut  22  whioh  engages  with  the  threaded  sook- 
et  formed  in  the  end  of  the  shaft  and  whioh  also  seourea  in 
place  a  ratchet  collar  23  fitted  on  the  screw  22  and  adapt¬ 
ed  to  engage  with  a  notched  end  of  the  shaft  11,  as  indi¬ 
cated  in  Figure  2.  This  ratchet  collar  23  carries  c  spring 
2d  which  engages  a  pin  or  lug  25  extending  laterally  from 
the  arm  of  the  crank.  This  spring,  cooperating  with  the 
ratchet  oollsr  23,  tends  to  held  the  crank  in  the  position 
shown  in  Figures  1  end  2,  with  the  pin  21  near  the  inner 
end  of  the  slot  20.  Whcnthe  orank  is  turned  in  the  direc¬ 
tion  to  feed  the  film  through  tho  apparatxis  >  the  force  ex¬ 
erted  on  the  orank  first  bends  the  spring  24,  whioh  permits 

the  orank  to  turn  on  the  shaft  11,  and  this  turning  move- 
18 

ment  of  the  orank  oauses  tho  sleeve  to  slide  along  the  shaft 
toward  the  Journal  27  in  whioh  the  shaft  turns.  The  inward 
movement  of  the  sleeve  18  brings  the. flange  17  in  contact 
with  the  roller  16  and  forces  the  lever  8  from  the  position 
shown  in  solid  lines  in  Figure  1  to  that  shown  in  dotted 
lines.  The  swinging  of  the  lever  to  the  extent  indicated 
in  Figure  1  results  in  the  turning  of  the  rook  shaft  3  through 
an  angle  of  ninety  degrees,  as  indioated  in  Figure  3,  through 
the  aotion  of  the  earn  7  on  the  arm  6  of  the  lever.  The 
turning  of  the  rpok  shaft  carries  the  shield  1  upward  into 
horizontal  position,  as  shown  in  Figure  3,  thus Acove ring  the 
projection  apertusre  2  in  the  hack  plate  or  door  of  the  ap¬ 
paratus.  As  long  as  sufficient  force  1b  exerted  on  the  orank 
to  maintain  the  feed  of  the  film,  the  shield  will  be  hold  in 
inoperative  position,  as  shown  in  Figure  3,  and  the  passage 
of  rays  from  the  lamp  through  the  projection  aperture  will 


[ATTACHMENT] 


not  bo  out  off.  As  booh,  hov/evetf: ,  as  the  pressure  on  the 
handle  26  ia  relaxed,  the  action  of  the  spring  24  will  onuse 
a  partial  backward  rotation  of  the  crank  about  the  shaft  11, 
and  the  aotion  of  the  pin  21  in  the  can  slot  20  will  reetore 
the  crank  to  the  position  shown  in  Figure  8.  As  the  crank 
slides  outward  on  the  shaft  11  the  spring  IS  will  restore 
the  lever  8  to  its  original  position  ana  the  shield  1  will 
drop  under  the  influence  of  gravity  to  its  normal  operative 
position,  thus  cutting  off  the  rays  from  the  lamp  and  pre¬ 
venting  the  overheating  of  the  moving  picture  film,  whioh 
would  result  if  the  film  were  not  shielded. 

While  1  have  shown  and  described  the  spring  13  as 
an  element  of  the  apparatus  forming  the  presenting  invention, 
tho  spring  is  not  essential,  ns  the  weight  of  the  shield  1 
tends  to  depress  it  and  exert  an  upward  pressure  on  the  arm 
6  of  the  rock  shaft,  which  tends  to  foroe  the  cam  7  and  the 
lever  8  outward  to  normal  position. 

As  the  apparatus  for  controlling  tho  position  of  the 
shield  1  is  practically  instantaneous  in  its  operation,  the 
rays  passing  through  the  projection  aperture  are  cut  off  so 
quickly  that  ignition  of  the  highly  inflcmmabie  celluloid 
film  ordinarily  employed  in  moving  picture  machines  from  the 
rays  of  the  lamp  when  the  film  is  stationary  is  absolutely 
prevented.  Consequently,  conflagrations,  such  as  have  fre¬ 
quently  been  caused  in  the  past  by  the  ignition  of  the  mov¬ 
ing  picture  film  from  the  heat  of  the  lamp,  owing  to  the  stop¬ 
page  of  the  feed  of  the  film,  are  avoided. 

While  1  have  described  a  single  embodiment  only  of  my 
invention,  it  is  to  he  understood  that  it  is  subject  to  var¬ 
ious  modifications  in  the  details  of  construction  without  in 
any  way  departing  from  the  spirit  of  the  invention. 


[ATTACHMENT! 


Having  Having  thus  described  my  invention,  what  X  claim  as 
now  and  deBire  to  Beoure  by  letters  patent  is: 

1.  The  combination  with  a  moving  picture  apparatus  hav¬ 

ing  a  projection  aperture  and  iilm- feeding  devices,  of  a  shield 
for  said  aperture  normally  intercepting  the  rays  of  light  pass¬ 
ing  from  the  lamp  of  tho  apparatus  to  the  projection  aperture, 
and  means  operative  when- said  film- feeding  devices  are  in  op¬ 
eration  to  hold i the  shield  out  of  its  normal  position,  but 
permitting  tho  return  of  the  shield  to  normal  position  when  j 
the  operation  of  said  film-feeding  devices  ±s  stopp'd,  • 

;  '  j 

2.  The  combination  irfrth  moving  picture  apparatus  having  i 

a  projection  aperture  and  film-feeding  devices,  of  a  shield  1 

! 

normally  covering  the  projection  aperture,  devices  operated  \ 

by  the  film- feeding  mechanism  for  holding  said  shield  in  in- 
long  as 

pperctive  position  ae  said  flim-feoding  devices  are  in  op¬ 
eration,  and  means  operative  whon  said  film- feeding  devioes 
oeaGe  to  operate  to  throw  said  shield-holding  devices  out  of 
operation  end  permit  the  return  of  the  shield  to  normal  posi¬ 
tion.  /  j 

3.  The  combination  with  moving  picture  apparatus  having 

a  projection  aperture  and  film- feeding  devioes  comprising  a  I 
driving  shaft  and  a  cam- controlled  sleeve  on  said  shaft  through 
whioh  power  is  imparted  to  said  shaft,  of  e  shield  for  the 
projection  aperture  whioh  normally  covers  said  projection  ~ 

aperture,  and  devioes  operated  by  said  oam-oohtrolled  sleeve 
only  during  the  operation  of  said  filmefeeding  devioes  to  hold 
the  shield  out  of  normal  or  operative  position  and  permitting 
the  return  of  the.  shield  to  normal  position  aB  soon  as  the 
operation  of  tho  film- feeding. devices'  is  stopped. 

4.  The  combination  with. moving  pioture  apparatus  having 


[ATTACHMENT] 


a  projection  aperture  and  film- feeding  devices,  of  a  driv¬ 
ing  shaft  for  said  film- feeding  devices,  a  crank  mounted  on 
said  driving  shaft  and  slidable  thereon,  said  croak  toring^^ 
a  cam  slot  therein,  and  shid  shaft  having  a  pin  ’engaging 
said  cam  slot,  of  devices  operated  by  said  sleeve  when  pow¬ 
er  is  applied  to  the  crank  to  operate  the  film-feeding  de¬ 
vices,  whereby  saia  shield  is  forded  into  and  kept  in  in¬ 
operative  position  as  longas  sold  film-feeding  devioes  are 
in  operation  hut  is  allowed  to  return  to  normal  positon 
as  3oon  as  the  operation  of  said  film-feeding  deoioes  is 
stopped.  . 


XU  Tire  UNITED  STATS 


i:  inTtayissoE  ho.  27.430. 


KELEilEAHY  HTATiHEHT  0?  EBEKKAIiD  SCHNEIDER. 

STATE  OP  Kr.7  YORK  } 

COUNTY  OP  UK?.'  YORK  ) 

EBERHAKD  sen:  IS  I  Dir. ,  of  tho  city,  county  raid.  Stato  of  How 
York,  boin^  duly  mvom,  doposes  and  says  that  ho  ia  a  party  to  tho 
interference  declared  by  tho  Comiasionar  of  Patonto  April  30,  1907, 
between  his  application  for  Letters  Patent  filed  Novembor  8,  1908, 
Serial  llo.  342,578,  and  applications  of  Y.'illiam  Platt,  Edward  L.  Aiken 
and  John  Oortly;  that  he  conceived  tho  invention  act  forth  in  the 
declaration  of  interference  on  or  about  August  1,  1904;  that  ho 
explained  the  invention  to  others  on  or  about  August  1,  1904;  that  he 
made  no  drawings  and  no  model  of  the  said  invention;  that  he  reduced 
the  invention  to  practice  about  April  1,  1906  by  making  a  full  sized 
working  apparatus  embodying  the  said  invention,  and  that  the  same  wos 
successfully  operated  in  the  city  of  Hew  York  on  or  about  the  first  day 
of  April,  1906;  that  tho  apparatus  has  boon  in  continuous  use  Binco 
about  October  1,  1906,  and  that  only  a  few  sets  of  apparatus  embodying 
the  invention  have  boon  constructed  and  used. 


Subscribed  bind  sworn  to  before  me 
this  day  of  Hay,  1907. 


[ATTACHMENT] 


ThiB  invention  relates  to  safety  devices  for  protect¬ 
ing  moving  picture  films  from  fire,  and  it  has  for  its  objeot. 
the  provision  of  devices  which  will  afford  effective  proteo-  . 
tion  for  a  moving  picture  film  between  the  supply  reel  and 
the  take-up  reel  or  box. 

In  recent  years  various  forms  of  magazines  or  fire-  , 
proof  boxes  for  the  film  reels  of  moving  picture  apparatus 
have  come  into  use,  and  these  magazines  or  boxes  afford  ef-  , 
feotive  protection  to  all  but  that  small  portion  of  the  mov¬ 
ing  pioture  film  which  lies  between  the  upper  film  reel  and 
the  lower  film  reel  or  receiving  box.  While  the  quantity 
of  film  between  the  upper  film  reel  and  the  lower  reel  on  an 
ordinary  moving  picture  machine  does  not  ordinarily  amount  to. 
more  than  two  or/fehreefeet,  it  is  desirable  to  provide  safety 
devioes  by  which  the  ignition  of  this  film  may  be  positively 
prevented,  as  even  the  smail  flame  that  would  be  caused  by 
the  burning  of  a  few  feet  of  film  is  often  sufficient  to 
cause  a  serious  stampede  in  a  place  of  public  entertainment 
and,  if  the  moving  pioture  apparatus  should  be  accidentally 
overturned,  the  ignition  of  this  small  amount  of  film  might 
be  sufficient  to  cause  a  conflagration. 

In  the  accompanying  drawings,  forming  part  of  this 
specification,  I  haye  illustrated  one  embodiment  of-  my  inve  - 
tion  in  connection  with  a  well  known  type  of  moving  pictur 
apparatus,  but  14  is  to  be  understood  that  changes  in  the 
tails  of  construction  as  well  as  in  the  form  and  exact  mode 
of  assembling  the  elements  may  be  made  without  saorifio-  ing 
the  advantages  of  the  invention  and  without  exceeding  the 
soope  thereof. 

In  the  drawings: 

Figure  1.  is  a  rear  elevation  of  the  apparatus  provid¬ 
ed  with  the  improved  safety  devioes  for  protecting  the  film. . 


-1- 


[ATTACHMENT] 


Figure  3  is  n  view  in  side  elevation  of  the  structure 
shown  in  Figure  1,  with  parts  broken  away  for  the  sake  of 
clearness  of  illustration,  and  showing  the  ^addition  of  the 
upper  film  magazine  as  well  as  tho  portion  of  the  casing  for 
the  machine  whioh  is  not  shown  in  Figure  1. 

Referring  now  to  the  drawings  by  the  reference  oharao-  i 
ters,  1  designates  the  base  board  of  the  moving  picture  appar¬ 
atus  and  2  designates  the.  front  board  or  face  plat®  in  whioh  j 
is  mounted  the  lens  3.  Most  of  the  meohenism  of  the  moving  ! 
picture  apparatus  is  oerried  by  a  rearwardly  projecting  frame  j 
4  mounted  on  the  front  board  2  in  suitable  relation  to  tho  j 

lens  3.  Tho  main  driving  shaft  5,  shown  in  dotted  lines  in  j 

Figure  1,  extende  transversely  of  the  frame  4  and  oarries  the 
fly  wheel  6  of  the  apparatus.  Motion  is  imparted  to  the  main 
driving  shaft  from  the  crank  7  mounted  on  one  side  of  the  frame 
ana  to  transmit  power  from  the  shaft  7  to  the  shaft  5  a  train 
of  gearing,  consisting  of  a  gear  8,  a  pinion  9,  a  second  gear 
10  and  a  pinion  11,  is  employed.  The  elements  of  this  train 
of  gearing  are  so  proportioned  that  the  shaft  5  is  driven  at 
a  much  higher  rate  of  speed  than  the  orank  7  and  rotation  at 
a  similar  rate  of  speed  is  imparted  to  a  shaft  12  carried  hy 
on  upward  extension  4a  of  the  frame  4.  The  shaft  12  is  driv¬ 
en  by  a  train  of  gearing’  comprising  the  gear  8  and  pinion  9 
together  with  another  gear  13  and  a  pinion  14.  The  Bha.f.tl2 
oarries  sprockets  15  whioh  engage  with  tho  film  F,  which  is 
held  in  engagement  with  the  sprockets  by  means  of  a  pressure 
roller  16  of  ordinary  construction.  The  sprockets  15  and 
tho  pressure  roller  16  form  the  upper  or  slack-producing 

film- feeding  device^  by  means  of  whioh  the  film  is  unreeled 
and, 

from  the  upper  film  reel,  as  shown  in  Figure  2,  drawn  out  of 
the  magazine  M,  the  bottom  only  of  whioh  is  shown  in  the 
drawing.  The  lower  film-feeding  devices  are  driven  from 


[ATTACHMENT] 


the  shaft  5  and  oonqprise  sprockets  16  mounted  on  a  Bliaft  17 
near  the  bottom  of  the  frame  4.  In  passing  down  to  the 
sprookets  16  the  film  passes  in  front  of  a  swinging  door  or 
baok  plate  18  oarried  on  hinges.-  19  at  the  side  of  the  frame 
4.  This  door  18  is  provided  with  a  projection  aperture  20 
through  which  light  passeB  from  the  lamp  to  the  film  and 
thence  to  the  lens  3. 

The  parts  of  the  apparatus  illustrated  and  herein-  ■ 
before  described  are  of  common  construction  and  form  no 
part  of  the  present  invention,  but  are  shown  inthe  drawing 
and  have  been  described  to  assist  in  making  dear  the  na¬ 
ture  of  the  present  invention,  which  will  now  be  described. 

The  principal  .and,  in  many  oases,  the  only  .souroe  of 
heat  from  which  a  moving  picture  film  may  become  ignited  is 
tho  fliarnp  whioh  forms  a  part  of  the  apparatus.  The  intens¬ 
ity  of  the  light  required  makes  it  neoessary  to  use  a  lamp 
developing  a  high  degree  of  heat,  and  the  intensity  of  the 
heat  produoed  by  the  lamp  is  so  great  that  if  the  beams 
from  the  lamp  are  allowed  to  pass  through  the  projection  ap¬ 
erture  20  and  fall  upon  the  stationary  film  for  a  few  sec¬ 
onds,  the  inflammable  film  is  almost  oertain  to  beoome  ig¬ 
nited.  Furthermore,  in  the  operation  of  moving  picture  ap¬ 
paratus,  the  maintenance  of  perfectly  regular  feed  of  the 
film  is  not  always  possible,  and  it  often  happens  that  a 
large  loop  of  film  will  be  formed  between  the  upper  feed¬ 
ing  sprockets  16  and  the  upper  film  reel  or  magazine.  A 
loop  of  film  so  formed  hangs  down  at  the  rear  of  the  appar-  . 
atus,  as  it  is  highly  flexible  and  not  very  resilient.  A 
loop  of  film  formed  in  this  way  and  hanging  down  at  the  rear 
of  the  machine  may,  and  often  does,  come  into  ttftpjsanea  upon  • 
whioh  very  hot  rays  from  the  lamp  fall.  When  this  takes 
place,  if  the  film  is  stationary  or  praotioally  stationary 


[ATTACHMENT] 


for  a  very  d?ew  moments,  the  Ignition  of  the  film  is  sure  to 
follow.  In  like  manner,  the  failure  of  the  bottom  reel  or 
receiving  box  to  take  all  of  the  film  as  it  passes  from  the 
apparatus  has  sometimes  resulted  in  the  formation  of  an  up¬ 
wardly  extending  loop  of  film  within  the  range  of  the  lamp, 
where  it  Boon  becomes  ignited  if  allowed  tot-  rSfeain;  approx¬ 
imately  stationary  forr  a  very  few  moments. 

By  means  of  the  present  invention,  I  have  sought  to 
eliminate  the  sources  of  danger  to  the  film  from  the  lamp 
by  supplying  guards  which  will. provent  the  formation  of  loops 
of  film  within  range  of  the  heat  of  the  lamp  and  by  providing 
the  projection  aperture  with  an  automatically  operative  shield 
or  out-off  shutter. by  means  of  which  the  projection  aperture 
is  immediately  closed  whemovor  the  operator  ooases  to  turn 
the  oronk  7.  She  guards  oonsist  preferably  of  curved  plates 
21  and  22,  respectively-,  attached  to  the  top  and  bottom  of 
the  frame  24  on  the  rear  surface,  and  preferably  lined  or 
faced  or\  their  concave  s\irfaoes  with  a  layer  of  asbestos  23. 
The  upper  guard  plate  21  extends  upward  into  contact  with  or 
adjacent  to  the  upper  film  raagasine,  if  one  be  employed. 

The  lower  shield  23  extends  downward  adjacent  to  the-  base 
board  1,  upon  whioh  the  apparatus  stands  and  through  whioh 
the  film?  is  ordinarily  passed. 

The  shield  or  out-off  shutter  for  the  projection  ap¬ 
erture  is  most  clearly  shown  in  Figure  1  and  is  designated 
24.  ThiB  shield  or  out-off  shutter  consist s  preferably  of 
a  small  rectangular  metallic  plate  with  an  arm  25  extending 
from  one  oorner  of  the  plate.  The  arm  25  iG  mounted  on  a 
short  shaft  26  turning  in  a  small  bearing  braoket  2?  mounted 
on  the  rear  suffaoe  of  the  door  or  baok  plate  18.  The  shaft 
26  is  rotated  from  a  bevel  gear  28  on  the  main  driving  shaft 
5  through  a  small  bevel  pinion  29  oarried  by  the  shaft  26 


-4- 


[ATTACHMENT! 


and  held  normally  in  meeh  with  the  gear  28  hy  means  of  a  spring 
30,  which  is  host  shown  in  Figure  2.  The  arm  25  of  the  shield 
or  out-off  shutter  i3  provided  with  a  sort  of  hub  31  through 
whioh  the  shaft  26  extends  and  in  which  the  shaft  is  free  to 
turn.  A  oertain  amount  of  friction  between  the  hub  31  and 
the  shaft  26  is  always  produoed  when  the  shaft  is  rotated,  and, 
to  increase  tho  friction  on  the  hub  31,  it  is  mounted  between 
a  pair  of  disks  32  secured  on  the  shaft.  Consequently,  when 
the  small  bevel  pinion  29  is  rotated  toward  the  left ,  or  ooun- 
ter-olookwise,  the  frictional  engagement  of  the  hub  31  with 
tho  shaft  and  the  disks  between  which  the  hub  is  mounted  onus¬ 
es  the  shield  or  cut-off  shutter  to  swing  out  of  tho  position 
shown  in  full  lines  in  Figure  1  to  that  shown  in  dotted  lines, 
in  whioh  it  remains  as  long  as  the  rotation  of  the  small  pin¬ 
ion  29  is  maintained  \by  turning  the  orank  7.  As  soon/  how¬ 
ever,  as  the  turning  of  the  crank  ceases,  a  small  adjustable 
counterweight  33,  which  is  raised  in  the  position  shown  in 
dotted  lines  In  Figure  1  while  the  apparatus  is  in  operation, 
becomes  effective,  overcomes  the  friction  on  the  hub  31  and  j 

restores  the  shield  or  ont-off  shxitter  to  the  normal  position  ' 

shown  in  solid  lines  in  Figure  1.  The  limitation  of. the  move¬ 
ments  of  the  8 hut ter  to  the  two  positions  indicated  in  Figure 
1  is  effected  by  means  of  a  stop  34  set  in  the  door  25  and 
cooperating  with  the  sides  of  a  notch  35  formed  in  the  elon¬ 
gated  oircular  end  of  the  arm  25  of  the  shield. 

From  tho  foregoing  description  and  the  accompanying  1 
drawings  it  will  be  readily  seen  that  the  portion  of  the  mov¬ 
ing  picture  film  between  the  two  film  reelB  of  the  moving  pio- 
ture  machine  is  completely  protected  from  the  heating  rays  of 
the  lamp  exoept  at  the  projection  aperture  when  the  apparat¬ 
us  is  in  operation  and  the  rapid  travel  of  the  film  is,  of 
course,  sufficient  to  proteot  it  from  ignition.  When  the 


[ATTACHMENT] 


turning  of  the  crank  stops,  even  if  for  only  a  moment,  the 
slight  friction  between  the  shield  or  cut-off  shutter  and  its 
supporting  shaft  is  quiokly  overcome,  allowing  the  cut-off 
shutter  to  drop  substantially  instantaneously  into  the  posi¬ 
tion  shown  in  solid  lines  in  Figure  1.  The  guard  plates  21 
and  28  are  mere  static  structures  and  have  no  operation.;, 
strictly  so  called.  They  serve,  however,  to  shield  the 
portion  of  the  film  both  below  and  above  the  apparatus  and 
are  the  most  effdetive  means  for  preventing  the  formation 
of  large  and  unwieldy  loops  of  film  either  above  or  below 
the  film-feeding  devices,  in  either  of  which  positions  it 
would  be  exposed  to  great  danger  of  ignition  from  the  lamp. 


[ATTACHMENT] 


.  Having  thus  describes  my  invention,  v.-hat  I  claim 

as  now  and  desire  to  secm-e  by  letters  patent  is: 

1.  In  moving  pioture  apparatus,  the  combination  with  a 
shaft  which  is  continuously  rotated  during  the  operation  of 
the  apparatus,  of  a  film  shield  loosely  mounted  on  said 
shuft  and  normally  in  position  to  protect  the  film  from  tho 
rays  of  the  projecting  lamp,  devices  carried  by  the  shaft 
for  holding  the  shield  to  the  shaft  with  sufficient  fric¬ 
tion  to  cause  the  shield  to  swing  out  of  normal  position 
when  tne  shaft  is  turned  rapidly  but  not  sufficient  to  hold 
said  shield  out  of  normal  position  when  the  rotation  of  the 
shaft  is  stopped,  and  a  stop  to  prevent  the  complete  rota¬ 
tion  of  the  shield,  said  stop  being  so  placed  as  to  permit 
the  shield  to  turn  completely  out  of  its  normal  pr  film-pro¬ 
tecting  position. 

2.  In  moving  picture  apparatus,  the  combination  with  a 
Bhaft  which  is  continuously  rotated  during  the  operation  of 
the  apparatus,  of  a  film  shield  loosely  mounted  on  said 
shaft  and  normally  in  position  to  protect  the  moving  picture 
film  IVom  the  rays  of  the  projecting  lamp,  devices  carried 
by  tho  shaft  for  holding  the  shield  with  sufficient  frio- 
tion  to  oauso  tho  shield  to  swing  out  of  normal  or  film- 
protecting  position  when  the  shaft  is  rapidly  rotated,  a 
stop  to  limit  the  swinging  of  the  shield  when  the  shaft  is 
rotated,  and  devices  for  overcoming  the  friction  by  which 
the  shioia  is  held  to  the'  shaft  and  returning  the  shield 
to  normal  position  when  the  rotation  of  the  shaft  stops. 

3.  In  moving  pioture  apparatus,  the  combination  with 
a  shaft  which  is  continuously  rotated  taring  the  operation 
of  the  apparatus,  a  film  shield  loosely  mounted  on  said 


[ATTACHMENT] 


shaft  and  normally  in  position  to  protect  tho  film  from  the 
rays  cff  rhe  pro,-; oo ting  lomp,  devices  for  holding  the  shield 
to  said  shaft  with  sufficient  friction  to  cause  the  shield 
to  swing  out  of  normal  position  when  the  shaft  is  rapidly 
rotated,  a  stop  to  limit  the  swinging  movement  of  the  3hield, 
and  an  ad jx'. stable  weight  oarried  by  tho  shield  and  adapted 
to  overcome  the  friction  by  which  the  shield  is  held  and  to 
restore  the  shield  to  normal  position  when  the  rotation  of 
the  shaft  stops. 

4.  In  moving  picture  apparatus,  the  combination  with  a 
main  driving  shaft  which  is  continuously  rotated  during  the 
operation  <5'f  tlie  apparatus,  a  driven  shaft,  gearing  between 
said  driving  shaft  and  said  driven  shaft,  a  film  shield 
normally  in  position  to  protect  the  moving  picture  film  from 
tlie  rays  of  the  projecting  lamp, loosely  mounted  on  said  driv¬ 
en  shaft  and  fractionally  held  thereon,  a  atop  to  prevent 
complete  rotation  of  said  shield  with  said  driven  shaft,  and 
devices  for  restoring  the  shield  to  normal  position  when  the 
rotation  of  said  driven  shaft  stops. 

5.  In  moving  picture  apparatus,  the  combination  with  a 
main  driving  shaft  turning  about  a  fired  axis,  a  movable 
back  plate  having  a  projection  aperture  through  which  rays 
pass  from  the  projecting  lamp  to  the  moving  picture  film, 

s  driven  shaft  carried  by  saia  movable  backplato,  a  driv¬ 
ing  gear  o.r  pinion  carried  by  said  driving  shaft,  a  gear  or 
pinion  carried  by  said  driven  shaft  ana  adapted  to  engage 
the  gear  or  pinion  on  the  driving  shaft  when  the  movable 
baokplate  is  in  normal  position,  a  film  shield  loosely 
mounted  on  said  driven  shaft  and  normally  covering  said  pro¬ 
jection  aperture,  devioes  for  holding  said  film  Shield  on 
said  driven  shaft  with  a  small  degree  of  friction  sufficient 


[ATTACHMENT] 


to  oause  said  shield  to  awing;  out  of  normal  position  when 
the  driven  snafu  is  rotated  at  Uhe  ordinary  rate  of  spped 
impartod  to  it  when  the  apparatus  is  in  operation  hut  not 
sufficient  to  hold  the  film  shield  out  of  normal  position 
when  the  driven  shaft  is  not  in  rotation,  and.  a  stop  to  ar¬ 
rest  the  movement  of  the  film  shield  with  the  driven  shaft 
when  tho  film  shield  has  swung  entirely  out  of  normal  posi¬ 
tion. 


G.  In  moving  picture  apparatus,  the  combination  with  a 
main  driving  shaft  turning  ahont  a  fixed  axis,  a  movable 
bacirplate  having  a  projection  aperture,  f.  driven  shaft  mount¬ 
ed  on  said  movable  haokp: ate ,  u  driving  gear  oarried  by  said 
main  driving  shaft ,  a  seoond  gear  carried  hy  on id  driven 
shaft,  means  for  yioldahly  pressing  the  gear  on  the  driven 
shaft  into  engagement  with  tho  gear  on  the  driving  shaft 
when  the  backplate  is  in  normal  position,  a  film  shield 
loosely  mounted  on  said  driven  shaft  and  friotionally  held 
thereon  with  sufficient  friction  to  cause  the  film  shield 
to  swing  out  of  normal  position  when  the  driven  shaft  is 
rotated  "iit  the  ordinary  speed  developed  when  the  apparatus 
is  in  operation  but  not  sufficient  to  hold  the  shield  out 
of  normal  position  when  the  rotation  of  the  driven  shaft 
ooases,  and  a  stop  to  prevent  complete  rotation  of  the  film 
shield  with  the  driven  shaft,  said  stop  being  so  plaoed  as 
to  permit  the  film  shield  to  turn  completely,  put  of  its 
normal  position.  / 

7.  In  moving  picture  apparatus,  the  combination  with 
film  feeding  and  guiding  devioes,  of  guard  plates  extending  / 
rearwardly  from  the  upper  and  lower  portions  of  the  film 
feeding  and  guiding  devioes,  the  upper  guard  plate  being  ex> 
tended  upwardly  as  well  as  rearwardly  and  the  lower  guard 
plate  being  extended  downwardly  as  well  as  rearwardly,  and 


[ATTACHMENT] 


■both  guard  platen  being  adapted  to  prevent  the  formation  of 
loops  of  the  moving  picture  film  within  the  fia&d  of  the  pro¬ 
jecting  light.  **■"' 


-io- 


[ATTACHMENT] 


Room  3X2, 

Application  of  E3RRHARP  RCHBKIDKR, 

SAFETY  DEVICES  FOE  FEOTECTING  MOVING  PICTURE  FILMS  FROM  FIRE. 
Filet!  Nov.  8,  1906, 

Serial  So.  342,578. 

HON.  COMMISSIONER  OF  PATENTS, 

Sirs 

In  response  to  tho  official  latter  of  Necomber  8. 
1906,  it  1b  desired,  to  amend  tho  above Tent  it  led  caoe  as 
follows s 

Page  2,  line  16,  ohnngo  "shaft"  to  crank. 

REMARKS.  • 

The  Examiner  is  requested  kindly  1;o  apply  the  ref¬ 
erence  characters  5  and  12  in  Figure  2. 

The  dotted  lines  in  Figure  2  represent  portions'  of? 
the  structure  of  an  ordinary  moving  picture  maohine  whioh  / 
do  not  constitute  part  of  tho  present  invention  end  hence 
have  not  been  described.  V  ! 

The  guard  plates  21  ana  22  do  not  "prevent  the  form¬ 
ation  of  loops,”  hut  do  provont  the  formation  of  loops  with-  . 
in  the  field  of  the  nro.1eot.inf;  lirfvt.  of  course,  failure 
of  the  film-feeding  mechanism  to  work  properly  will  oauap, 
tho  formation  of  loops  of  the  film  in  spite  of  the  presence  •: 
of  tho  guard  plates  21  and  22,  but  the  guard  plates  ao  p^e-  ! 
vent  the  formation  of  the  loops  within  the  field  of  the  ^re¬ 
jecting  light,  ana  hence  prevent  tho  ignition  of  the  film  ,\\ 
whioh  would  inevitably  follow  if  a  loop  of  it  should  escfcertji  \ 
into  the  fieia  of  the  projecting  light.  ,|‘ 

It  is  hoped  that  with  the  above  explanations  the  fea¬ 
tures  of  the  invention  not  understood  by  the  Examiner  ..will ‘bo 
made  clear  and  that  tho  application  will  he  found  ready  for  j 


[ATTACHMENT] 


allowance . 


Vary  respectfully, 

EBKRHAHD  SCHrTK.t])]®, 

By 


Attorney. 


Dow  York,  Dec.  15,  1906. 


-v 


[ATTACHMENT] 


Room  312 

Application  of  5BKBHARD  8 GHWFIDER 

FAFFIY  DKTIC7.  FOR  PKOPSCTIBC  XOVING  ^ICTOBK  FIRMS  FROM  FIKK 
Filed  Hov.  8,  1906 
Serial  JJo.  342,578, 

HOi).  C05EJIRSI0HEF.  OF  PAIKJTOS 
Sir: 

In  response  to  the  official  letter  of  December  31, 
1906  and  the  official  letter  of  February  15,  1907,  it  is 
desired  to  amend  the  above- entitled  application  as  follows: 

Change  Claim  7  to  rend  as  follows: 

7.  In  moving  picture  app&iintus,  the  combination 
with  film-fending  and  guiding  devices,  of  guard  plates  for 
. tho  .film  which  extend  respectively  upwardly  and  renrward- 
ly  and  downwardly  and  roarwardly  from  the  film- feeding  and 
guiding  devices  nnd  prevent  the  exposure  of  the  film  to 
the  projecting  light  except  at  the  projecting  aperture. 

Add  the 1 1  owing  claims:  • 

fl.  In  a  picture-projecting  maohine ,  the  combina¬ 
tion  With  the  film-moving  mechanism  thereof,  of  a  hinged 
door,  the  said  door  having  ning  therein,  a  gravP 

ity  shutter  normally  closing  said  3fioning,  film-proto ot- 
ing  shields  carried  byyt ho  upper  and  lower. edges  of  said 
door,  and  means  actuated  by  the  above-mentioned  mechanism 
for  raising  said  shutter. 

9.  In  a  moving  picture  maohine,  the  combination 
with  mechanism  for  moving  the  film,  of  a  door  protecting 
the  said  film,  said  door  having  an  oponing  formed  therein, 
a  shutter  normally  closing  said  'd®pxting,  and  moans  actu¬ 
ated  by  tho  film-moving  mechanism  for  operating  said  dhuf- 


[ATTACHMENT] 


•  Vv  :  V 

HEHARKS. 

Claim  7  an  altered  ^ppoars  to  avoid  tho  objootiono 
noted  in  the  official  letter  of  December  Slat  and  tho 
statement  in  the  lost  paragraph  of  tho  spooif ioation  pre¬ 
ceding  tho  aluimB  nppoara  to  bo  correct.  ?he  guard  plates 
do  present  tho  formation  of  largo  and  unwieldy  loopB  of 
film,  as  stated. 

Rospoot  fully  submitted, 

RIJRRHAKD  SCHNEIDER, 


Kev?  York, 


18,  1907. 


Attorney. 


-8- 


[ATTACHMENT! 


Room  Ho.  312 

Application  of  EBERH/HD  SCHKEIHBH 

SAFEST  3EVICT.S  FOR  PECTROTIiiC  JiOVI®  PICTURE  FIJI’S  FliOH  FIRE 

Filed  Hoy.  6,  1906 
Serial  ITo.  342,578 


Honorablo  Commissioner.  of  Fat  on  1 8 , 

Washington,  3.  C. 

Oir:- 

In  response  to  the  Official  Letter  of  April  5,  1907, 
it  is  dosirod  to  a'ncnd  the  above-entitled  application,  as  follows; 

Cancel  claim  9. 


R SHARKS  . 

Claim  9  is  cancelled  as  anticipated  not  only  by  the  catalogue 
of  "She  Chas.  Urban  Trading  Company",  cited,  hut  also  by  the  catalogue 
of  L.  Gawnont  a  Co.,  25  Cecil  Court,  Charing  Cross  Road,  London, 
roforenco  boing  had  especially  to  the  illustrations  on  page  4  and  the 
description  of  "automatic  out-off"  on  page  5.  This  catalogue  was 
issued  in  1902.  It  is  thought,  moreover,  that  the  cancelled  claim 
is  fully  anticipated  by  British  patent  to  Hoy  110,047,  of  1898,  a3  the 
projection  aperture  shown  in  dotted  linos  in  Figures  1,  4,  6  and  7 
of  the  said  patent  is  almost  certainly  formed  in  a  door,  and, whether 
this  aperture  is  formed  in  a  door  or  not,  it  is  the  full  equivalent 
of  an  aperture  formed  in  a  door. 

Respectfully  submitted, 

Eberhard  Cohnoider, 

By. 


Hew  'fork,  April  11,  1907. 


Attorney. 


June  5,  1907 


Baxter  Morton,  Esq., 

43  Broadway,  Hew  Yoric,  N.Y. 

Dear  Sir:  — 


I  am  enclosing  you  copies  of  preliminary  state¬ 
ments  of  John  Oertly  and  Edward  I.  Aiken,  in  Interferences 
Ho. 27, 479  and  Ho. 27, 480,  as  requested  in  your  letter  of 
June  4th,  which  I  received  today.  I  thank  you  for  the 
copies  of  the  files  and  the  preliminary  statements  of  Platt 
and  Schneider, 

In  accordance  with  our  telephone  conversation 
this  morning,  I  shall  expect  to  receive  from  you  copies 
of  the  Office  letters  in  the  applications  of  your  clients,' 
Messrs.  Platt  and  Schneider. 


HHD/itJL 


Very  truly  yours, 


enclosures 


[ATTACHMENT] 


d  ’  § 

IN  THE  TOUTED  STATES  PATENT  OPFICE. 


0  e  r  t  I  y  ) 

vs.  ) 

Aiken  ) 

vs .  : 

) 

Schneider: 

vs.  ) 

) 

Platt  : 


Interference  "ln 
No.  27,480 


PRELIMINARY  STATEMENT  OP  JOHN  OERTLY 


State  of  Ohio 


County  of  Hamilton) 


JOHN  OERTLY,  of  Cincinnati,  in  the 
County  of  Hamilton,  and  State  of  Ohio,  being  duly  sworn, 
doth  depose  and  say: 

That  he  is  a  party  to  the  Interference  declared 
by  the  Commissioner  of  Patents  on  April  30,  1907,  between 
his  application  for  Letters  Patent  filed  April  24,  1906, 
serial  No. 313, 385,  for  KINETOSCOPES,  an  application  of 
Edward  L.  Aiken  for  KINETOSCOPES,  an  application  of  Eber- 
hard  Schneider  for  SAPETY  DEVICE  POR  PROTECTING  MOVING 
PICTURE  PILMS  PR Oil  PIRE,  and  an  application  of  William 
Platt,  for  ATTACHMENTS  POR  KINETOSCOPES,  STEREOPTICONS  AND 
MOTION  PICTURE  MACHINES. 

Conception: 

That  he  conceived  the  invention 
defined  by  the  Interference  issue,  in  the 

early  part  of  December ,1905  and  before— —December  15,19o5 
Drawing : 

That  he  first  made  a  drawing  of  the 
invention  defined  by  the  Interference  issue 
on  or  about - - —  December  25,1905 

Disclosure: 

That  he  first  disol  os ed  the  in¬ 
vention  to  others  on  or  about -  December  25,  190) 


[ATTACHMENT] 


®  '  I 


Model: 

That  he  made  mo  model  of  the  inven¬ 
tion,  as  distinguished  from  a  complete  working 
machine--- - - - - -  None 

Working  Machine: 

fEat  he  made  two  complete 
working  devices  which  he  attached  to  an 
Edison  kinetoscope,  as  disclosed  in  his 
said  application  above  identified,  and 
thereby  reduced  the  invention  of  the  inter¬ 
ference  issue  to  practice,  during  the  week 


ending - - - - -  Feb.  9, 19 06 

Test  of  Machine: 

That  an  Edison  Kinetoscope 
as  so  equipped,  was  successfully  operated 
by  him  at  Cincinnati,  in  the  County  of 

Hamilton  and  State  of  Ohio, on  or  about —  Eeb.10,1906 

and  thereafter  an  Edison  kinetoscope 
as  so  equipped  was  successfully  operated 
by  himself  and  others,  at  Orange,  New 

Jersey,  during  the  month  of- - -  February,  19C 


Use  and  Sale: 

That  he  has  since  continued  to 
use  Edison  Kinetosoopes  equipped  with 
the  said  device,  and  he  is  informed  and  be¬ 
lieves  that  machines  embodying  the  inven¬ 
tion  of  the  Interference  issue  have  been 
manufactured  and  used  to  the  number  of 
100  and  upwards . 


Subscribed  and  sworn  to  before  me 
this  day  of  1907. 


[ATTACHMENT] 


I 

Q^"> 


04‘* 


IN  THE  UNITED  STATES  PATENT  OPFICB. 


Aiken 

vs. 

0  e  r  t  1  y 
vs . 

Power 


Interference  "D" 
No.  27,479 


PRELIMINARY  STATEMENT  OP  EDWARD  L.  AIKEN. 


State  of  New  Jersey) 

)ss: 

County  of  Essex  ) 


EDWARD  L.  AIKEN,  of  Orange,  in  the 
County  of  Essex  and  State  of  New  Jersey,  feeing  duly  sworn, 
doth  depose  and  say: 

That  he  is  a  party  to  the.  Interference  declared 
fey  the  Commissioner  of  Patents  on  April  30,  1907, "between 
his  application  for  Letters  Patent  filed  July  14th,  1906, 
serial  No. 326, 275,  for  KINETOSCOPES,  and  an  application  of 
John  Oertly  for  KINETOSCOPES,  and  an  "application  of 
Nicholas  Power,  for  EIRE  SHIELDS  POR  MOVING  PICTURE  PILMS. 
Conception; 

That  he  conceived  the  invention 
set  forth  in  the  declaration  of  interference 


in  the  month  of -  April,  1906  ' 

Disclosure:  first 

That  he/dlsolosed  the  invention 
to  others  in  the  month  of - -  April,  1906 

Model:.  v 

That  he  made  no  model  of  the  Y 

invention, as  distinguiBhedffram  a  com¬ 
plete  working  device - - -  None 


Machine : 

That  he  made  a  complete  working 
device  which  was  a  reduction  to  praotioe  of 
the  invention  defined  fey  the  interference 
issue, and  which  he  attached  to  an  Edison 
.KihetoBCope, as  disclosed  in  his  said  ap- 


1. 


1 


[ATTACHMENT] 


I 


Machine  (continued) 

plication  above  identified,  during  the 
month  of - - - - 

Test  of  Maohine: 

Wiat  an  Edison  kinetoscope 
equipped  with  the  said  device  was  first  suc¬ 
cessfully  operated  in  the  Town  of  West  Orange, 
in  the  County  of  Essex,  State  of  Hew  Jersey, 
and  in  the  City  of  Hew  York,N.Y. ,  during 
the  month  of - - - — - 

Drawing; 

That  a  drawing  was  made  under 
his  direction,  from  the  said  machine,  on 

Wse: 

That  ho  and  others  have  Binoe  used 
Edison  kinetoscopes  equipped  with  said  device 
so  made  during  the  month  of  May,  1906,  hut 
that  the  invention  defined  by  the  Interference 
issue  has  not  been  commercially  used  except 
as  hereinbefore  set  forth. 


Subscribed  add  sworn  to  before  me 
this  day  of  1907. 


May,  1906 

May,  1906 

June  12,1906 


.Tune  14,  1907. 

Messrs.  Bacon  &  Milana, 

Mo Gill  Building, 

Washington,  B.O. 

Gentlemen 

The  following  letter  is  'being  written  in  Now  York  and  my  jreoordo 
are  not  accessible,  and  so  you  will  have  to  overlook  any  little  inaooura- 
oiea  that  may  creep  in.  I  think,  however,  that  with  the  limited  facts 
at  my  disposal,  I  oan  make  it  dear  what  I  want. 

1  am  thinking  of  moving  to  dissolve  the  interference  in  which 
the  moving  picture  automatic  shutter  application  of  Aiken  is  involved 
with  Moore  and  Armstrong  and  one  other  party,  Morris  and  Leveon,  X  think. 
This  is  ^second  interference  o'f^eries  in  which  you  furnished  me  the 
preliminary  statements  a  few  days  ago,  and  the  number  ondu  with  77,  j 
think  it  is  37,477.  .  . 

•  J  'VmiJW 

The  Urfean  catalogue  whinh^AeoMo^.  in  the  Aikon  application 
shows  a  construction  whioli  is  exactly  that  of  the  claim  in  the  tntor- 
ferenoe  if  the  word*  "centrifugal"  were  omitted  before  "means"  near  tho  - 
end  of  the  claim,  I  think  in  the  next  to  tho  last  line.  -  The  b  la  inu|  calif 
for  centrifugal  means  for  operating  a  shutter  which  is  upon  the  pivoted  ' 
door,  ‘centrifugal  means  for  operating  the  shutter  are  well  known,  and 
shown  in  the  patents  which  I -have,  and  the  machine  of  the  Urban  catalogue 
shows  that-  the  shutter  on  the  door  is  old.  There  does  not  appear  to  he  • 
very  muoh  invention  thorefor&in  operating  a  shutter  on  the  door  by  oentrl- 
fugal  means  as  is  called  for  in  the  claim.  The  Ur%n  shutter  is  operated 


B.  &.  M. ,  #2.  June  14,  190?. 

By  a  pump,  and  I  think  that  if  X  define-that  eome  patents  oould  Bo  found 
,  which  will  show  that  a  pump  as  an  activating  devloe  is  a  well-known 
equivalent  of  a  centrifugally  operating  meohanioal  means  for  the  same 
purpose,  then  I  would  Be  in  a  position  to^dissolve  with  a one  prospect' 
of  success.  .  ^ 

I  think  you  oan  find  in  the  Solans  of  QSngine  governed,  patents 
which  will  show  that  such  devices  are  -the  old  and  well-known  equivalent  . 
of  one  another.  Some  time  ago  I  reraemBer  taking  out  a  .patent  for  a  man 
in  Illinois  which  showed  a  device  for  governing  an  engine  which  com¬ 
prised  a  pump  actuated  By  the  engine,  a  cylinder  into  which  the  pump 
operated  to  force  a  fluid,  and  a  piston  in  the  cylinder  which  rose  or 
fell  as  more  or  less  fluid  was  forced  into  the  cylinder,  and  which  piston 
in  its  rise  and  fall  operated  to  exclude  and  eSt^the  steam  to  the  ' 
engine.  .  .  '  ; 

I  wish  you  would  have  a  search  made  on  this  point  and  send  me 
the  patents  which  you  find  at  once.  Please  also, at  the  same  time, let  me 
know  when  my  time  for  making  motions,  snoh  as  raotionn  to  dissolve: in 
this  interference,  will. expire. 

Very  truly  yours, 


June  18,  1907 


Charier  Turner  Brown, 

Unity  Building,  Chioago,  ill. 

Dear  Sir:  — 

Of  the  several  interferences  which  have  recently 
heen  deolared  relating  to  moving  picture,  projecting  machines, 
and  in  which  an  application  of  my  client,  Aiken,  and  one  of 
your  clients,  Messrs.  Moore  &  Armstrong,  are  involved,  I  am 
particularly  interested  in  the  first  interference  Ho. 27, 479. 
There  are  other  interferences  with  other  parties,  hut  X  regard 
the  issues  as  either  unpatentable,  or  I  consider  that  my 
clients  will  prevail.  I  am  frank  to  say,  however, that  in 
interference  Ho. 27, 476,  provided  Messrs.  Moore  and  Armstrong 
can  substantiate  their  preliminary  statement,  they  will  undoubt¬ 
ed  succeed.  Under  these  circumstances  it  to  uld  be  necessary, 
therefore,  for  us  to  ohange  our  construction,  whioh  X  understand 
can  readily  be  done,  so  as  to  avoid  the  claim,  or  to  purchase 
the  IJeb'fa  &  Armstrong  oase. 

I  regard  the  application  of  Moore  &  Armstrong  as  of 
value  only  because  of  the  faot  that  the  claim  of  the  issue 
covers  the  specific  construction  adopted  by  my  clients,  but  I 
do  not  oonsider.the  matter  as  of  vital  or  serious  importance. 


CTB — 2 --June  18,  1907 


I  would  Be  glad  to  have  you  put  the  matter  Before  your  clients 
and  find  if  they  would  Be  disposed  to  sell  their  application 
for  a  reasonable  figure,  say  in  the  neighborhood  !of  five 
hundred  dollars,  or  if  some  other  arrangement  could  Be  made, 
possibly,  if  they  are  manufacturers  of  moving  picture  appara¬ 
tus,  it  could  Be  arranged  so  that  they  could  have  a  license 
under  the  patent,  or  if  they  wish  to  retain  control  of  the 
patent,  arrangements  might  Be  made  for  granting  a  license  to 
us.  At  any  rate  I  wish  you  v/ould  give  this  matter  your 
early  attention,  so  that  I  may  Be  guided  as  to  the  future. 

In  the  seflond  interference  Ho. 87, 477,  I  propose  in  the 
course  of  a  few  days  to  send  you  a  motion  for  dissolution  , 
as  ft  regard  the  issue  as  plainly  unpatentable. 

Very  truly  yours, 


hfcd/mji 


BACON  &  MUjANS, 
ATTORNEYS  AND  SOLICITORS  IN  PATENT  CAUSES, 
NO.  908  G  STREET,  NORTHWEST. 

(ROOMS,  41 0-41 B.) 


.J.une...l8r-1907., 


Prank  L.  Dyer,  Esq., 

Orange,  IT,  J. 

Dear  Sir:- 

Ref erring  to  the  search  which  you  requested 
us  to  make  with  reference  to  the  interference  in  which  the 
automatic  kinetescope  shutter  application  of  Aiken  is 
involved,  we  would  state  that  we  have  examined  the  classes 
of  steam  engine  governors  and  have  found  that  it  is  exceeding¬ 
ly  common  in  that  art  to  employ  in  lieu  of  the  ordinary 
centrifugally  operated  governor,  a.n  air  pump  vhich  is  driven 
hy  the  engine  and  a  device  controlled  hy  said  air  pump  for 
regulating  the  admission  of  steam  to  the  engine,  in  fact, 
there  is  a  very  large  class  devoted  entirely  to  pressure 
operated  governors.  We  have  selected  a  number  of  patents 
iHustrating  gpvernors  of  this  type  and  are  sending  copies 
of  these  patents  herewith.  These' patents  ar 

selected  a  number  of  patents  illustrating  the  well  known  form 
of  centrifugally  operated  speed  governors  which/form  the  same 
function  as  the  fluid  operated  governors  disclosed  in  the 
patents  above  referred  to.  These  patents, are  Ros.  177A307  • 
.412/59; 


120, 982, j  d08,1627\  reissue  10 , 559 ,  ^^412  ,^2 ,  §48 ,  Topies^fcV 

J  ^ -  ■  ’ 

*1 


BACON  &  MIX, AN 8. 


Sheet  No . 2 . Date 


of  all  of  which  are  sent  you  herewith. 

We  have  practically  confined  our  search  to  the 
various  classes  of  engine  governors  as we  understood  that 
you  merely  desired  us  to  find  in  some  art  some  illustra¬ 
tions  showing  a  pump  as  an  actuating  device  to  he  the  equivalent 
of  centr ifugally  operating  mechanical  means  far  the  same 
purpose^  and  as  the  patents  referred  to  herein  seem  to  show 
this  idea,  we  have  thought  it  best  to  report  without  pro¬ 
ceeding  any  further  with  the  search.  We  could,  of  course 
make  a  much  more  extensive  search  should  you  deem  it  necessary. 

While  as  stated  above,  we  have  practically  limited  our 
search  to  the  class  of  steam  engine  governors,  we  had 
occasionto  examine  the  file  of  several  kinetescope  patents 
and  found  referred  to  therein  two  British  patents  both  of 
which  disclose  centrifugally  operated  means  for  normally  holding 
a  kinetescope  shutter  in  an  open  position  during  the  traveling 
movement  of  the  film,  namely  10,047  of  1898  and  22,423  of 
1902,  and  while  you  are  doubtless  familiar  with  both  of  these 
patents,  we  have  thought  it  well  to  refer  to  them  in  the 
event  that  you  may  not  know  of  them. 

Very  truly  yours, 


Die.  H--K. 


June  18,  1907 


Messrs .  Bacon  &  Milans, 

908  0-  Street,  Washington,  U.C. 

Gentlemen: ~ 

A  few  days  ago  Jgheri  X  wrote  you  about  making 
the  searoh  in  the  moving  picture  interference,  X  assumed  that 
th8  Urban  door  was  hinged  to  the  main  frame.  But  on  closer 
examination  of  the  drav/ing  in  the  Urban  catalogue,  it  appears 
to  be  very  doubtful  whether  the  door  iB  hinged. 

I  would  like  to  have  a  patent  oip'ao  early  a 
date  as  possible  to  use  in  making  the  motion,  which  shows 
that  the  hinged  doors  are  old.  Please  run  through  thd  pro¬ 
jecting  machine  patents  and  pick  me  out  a  few  which  show 
this  feature. 

Very  truly  yours, 


HHD/MiTIj 


Orange,  N.  J. 

Dear  Sir; 


Replying  to  your  favor  of  the  18th  inst.  in  re,  interfer¬ 
ences  No.  27,479,  qnd  27,476s  Mess.  Moore  &  Armstrong,  vt>. 
others* 


I  have  had  interviews  with  my  clients  and  am  authorized. 

to  say; 


Messrs  Moore  and  Armstrong  have  made  use  of  the  device  by 
attaching  it  to  an  Edison  moving  picture  machine,  when  requested 
by  users,  of  the  machine. 


They  are  not  making  a  picture  moving  machine;  but  would 
not  like  to  so  part  fcLth  the  invention  as  to  prevent  them  from 
connecting  it  to  a  picture  moving  machine  of  their  own  manu- 
facture*  in  case  they  should  ever  decide  to  make  one. 

A  shop  license  would  cover  all.  they  would  require. 

They  will  sell  the  application  for  $700.00  with  a  shop  lie- 
ense*  a®  above  outlined,  to  be  given  back  to  them. 

If  the  application  is  purchased,  by  your  client  they  will  pro¬ 
duce  the  testimony  to  support  their  preliminary  statement  in  eith¬ 
er  or  both  of  the  case®,  on  your  request.  1  assutfl^the  testi¬ 

mony  is  more  than  sufficient. 


Please  advise  me  or  your,  decision. 


Charles  Turner  Brown,  Esq., 

79  Dearborn  Street, 

Chicago,  Ill, 


Dear  Sir:- 


Youru  of  the  22nd  ult.  was  duly  rocoivod  in 
reference  to  the  Moore  &  Armstrong  matter.  The  price  asked 
for  the  application  is,  in  my  opinion,  too  high  in  view  of 
the  circumstances.  The  buoinoss  1b  not  vory  important  any 
way,  and  the  invention  6'f'  of  a  detail  character.  Furthermore, 
the  prior  art  is  sufficiently  comprehensive  to  moke  it  poss¬ 
ible  for  any  one  to  use  a  practicable  device  for  the  purpose, 
so  that  it  would  be  out  of  the  question  to  attempt  to  control 
or  monopolise  the  business.  Ab  I  wrote  you,  the  only  value 
to  my  clients  of  the  Moore  &  Armstrong  application,  assuming 
a  termination  of  the  interference  in  your  clients'  favor  and 
the  grant  of  the  patent  to  them,  would  be  to  do  away  with  the 
expenso  of  changing  our  apparatus.  Under  these  circumstances, 
a  license  or  shop-right  would  be  enough  for  our  purpose.  I 
will  be  obliged  if  you  will  toko  up  thiB  matter  with  your 
olients  and  ascertain  whether  they  would  be  willing  to  grant 


us  a  lioonoo,  and  if  so,  vhat  their  very  lowest  figure  would 
ho.  If  this  were  done,  they  would  still  have  the  patent, 
could  manufacture  the  device  themselves,  and  could  license 
othors.  In  addition  to  this,  I  wish  you  would  lot  me  know 
the  very  lowest  figure  at  which  they  would  sell  the  applica¬ 
tion,  reserving  a  shop-right  to  themselves. 

Yours  very  truly, 


pld/abk. 


IN  THE  UNITED  STATES  PATENT  OFFICE. 


Platt 

vs. 

Morris,  et  al 
vs. 

Aiken 

vs. 

Moore,  et  al 


) 

) 

j 

I 

) 

| 

i 


Interference  No. 27, 477  HB" 
Before  the  Honorable  Primary  Examiner 
In  Room  No. 312. 


AIKEN'S  BRIEF  ON  MOTION  FOR  DISSOLUTION. 


This  is  a  motion  for  dissolution  of  the  above 
entitled  interference,  and  we  propose  to  show  that  in 
order  to  include  siibject-matter  common  to  eaoh  of  the 
several  applications  involved,  tho  issue  has  been  made 
too  broad  to  be  patentable  over  the  prior  art.  The 
claim  of  the  issue  is  as  follows: 


"  In  a  kinet.osoope,  the  combination  of  a  main 
frame  provided  with  means  for  imparting  a  pro¬ 
gressive  movement  to  a  film,  an  auxiliary  frame 
or  gate  hinged  thereto,  a  movable  shutter  car¬ 
ried  by  said  gate  and  adapted  to  out  off  the  pro¬ 
jecting  light  from  the  film,  and  centrifugal 
meanB  for  operating  said  shutter,  substantially 
as  set  forth." 


-  The  principal  reference  relied  on  is  the  catalogue 
of  the  CharleB  Urban  Trading  Company, Ltd. ,  48  Rupert  St., 
London,  England,  of  April  1906,  and  the  affidavits  of 
William  H.  Mack  and  Orville  T.  Weiser  relating  to  the 


aald  catalogue  and  on  file  in  the  United  Staten  Patent 
Office.  That  thia  catalogue  and  the  aaid  affidavita 
constitute  a  valid  anticipating  reference  for  anything 
disolosed  therein  has  already  been  admitted  by  eaoh  of 
the  portion  to  this  Interference,  with  the  exception  of 
Aiken,  as  eaoh  such  party  has  oonoeled  a  claim  from  the 
respective  application  involved  in  this  interference  on 
rejection  upon  the  said  catalogue  and  affidavits.  Aa  to 
the  aotual  prior  use  in  this  oouri try  of  the  anticipating 
structure  shown  in  the  catalogue,  the  affidavit  of  Mack 
states:  .. 

1  In  the  year  1902  X  used  at  Koith's  Bijou 
Theatre  in  Philadelphia,  an  Urban  life  motion 
i!  ploture  projecting  machine  shovm  in  the  catalogue 

I!  entitled  on  the  fly  leaf  'Urban  Bioscope  and 

Accessories'". 

The  Urban  projecting  machine  on  page  29  of  the 
catalogue  referred  to,  is  shovm  in  two  views,  different 
reference  characters  being  unfortunately  used  to  desig¬ 
nate  the  parts  of  the  maohino  in  these  views,  so  that  con¬ 
fusion  would  be  likely  to  result  if  it  were  attempted  to 
designate  the  parts  by  reference  characters.  It  may  be 
stated  generally,  however,  that  this  maofeine  comprises 
a  main  frame  and  means  for  imparting  a  progressive  move¬ 
ment  to  the  film.  A  portion  of  the  m&in  frame  is  pro¬ 
vided  with  an  aperture  for  the  passage  of  the  projeoting 
light,  and  with  guides  by  which  the  film  is  guided  as  it 
moves. over  the  said  aperture.  Cooperating  with  this 
portion  of  the  maid  frame  is  a  ioVable  door  which  is  pro¬ 
vided  with  bow-springB  to  control  the  movement  of  the 
film.  This  door  is  likewise  provided  with  an  aperture 
corresponding  to  that  in  the  main  plate,  and  upon  this 
gate  or  door  is  a  movable  gravity  shutter  which  normally 


closes  the  opening  in  the  door,  hut  which  may  he  raised 
to  uncover  the  said  opening  by  means  of  a  piston  working 
in  a  cylinder  upon  the  door,  into  which  cylinder  air  is 
foroed  under  pressure  from  a  Bmall  piston  pump  situated 
upon  the  machine  frame  and  actuated  from  the  film  moving 
mechanism,  there  being  a  flexible  connecting  tube  between 
the  said  pump  and  cylinder. 

It  is  evident  that  this  disclosure  falls  short 
of  showing  the  construction  set  forth  in  the  claim  of  the 
issue  in  tv/o  particulars,  the  first  of  which  is  that  it 
is  not  clear  that  the  door  or  gate  is  hinged  to  the  main 
frame.  But  this  is  immaterial  both  because  no  more  than 
an  ordinary  mechanical  expedient  would  be  involved  in 
hinging  the  door,  and  because  it  has  for  a  long  time  been 
common  to  hinge  precisely  Bimilar  doors  upon  the  main 
frame  of  moving  picture  projecting  apparatus,  as  is  shown, 
for  example  by  the  patent  to  Me  Millan,  at  al,  No. 628, 413, 
granted  July  4,  1899  and  the  patent  to  Chronik,  et  al,  No. 
627,962,  granted  June  27,  1899.  The  other  difference 
between  the  disclosure  of  the  catalogue  and  af  fidavits  and 
that  of  the  claim  is  that,  while  the  Urban  shutter  is  ac¬ 
tuated  by  means  of  a  pump,  in  the  construction  called  for 
in  the  claim  of  the  iBBue  a  "centrifugal  means"  for  ac¬ 
tuating  the  shutter  is  set  forth. 

Obviously  in  any  art  where  an  element  is  to  be 
moved  or  actuated  by  ohanges  in  speed  of  a  driving  part, 
the  commonest  expedient  known  to  mechanics  is  a  centri¬ 
fugal  device,  as  for  example,  the  governors  of  steam  en¬ 
gines,  sparking  devices  for  gas  engines,  and  safety  ap¬ 
paratus  for  elevators  and  kindred  mechanisms.  In  pro¬ 
viding  a  special  device  for  this  purpose,  the  Urban  ma¬ 
chine  adopta  a  less  usual  expedient  but  nevertheless  one 

3. 


I  that  has  long  hosn  recognised  as  a  well-known  suhotitute 
for  a  centrifugal  devioe. 

The  patenta  to  Koy,  et  al,  No. 10047,  May  2,  1898 
(English);  English  patent  Ho. 22423  of  1902,  and  the 
French  patent  to  Richard,  No.  326,568,  dated  November  21, 
1902,  each  show  a  centrifugal  means  for  actuating  tho  film 
protecting  shutter  of  a  projecting  machine. 

How  disregarding  the  hinge  on  the  door,  which  is 
immaterial,  it  is  plain  that  the  claim  of  the  ieoue  would 
he  readable  upon  the  Urban  structure,  if  the  word 
"centrifugal"  before  »  means  for  operating  the  shutter" 
were  omitted.  The  claim  does  not  differentiate  from 
the  Urban  structure  except  by  the  insertion  of  the  word 
"centrifugal"  before  the  word  "moonB".  There  is  no 
statement  of  any  change  of  structure  in  order  to  ubb  the 
centrifugal  means  rather  than  other  means.  There  ie  no 
statement  that  the  centrifugal  means  is  located  on  the 
door  along  with  the  shutter,  or  that  the  centrifugal 
actuating  means  is  located  on  the  frame  and  connected 
v/ith  the  door  in  such  a  way  that  the  Bhutter  may  be  act- 
uatod  and  the  door  may  still  be  opened.  The  only  state¬ 
ment  made  in  the  claim  is  that  the  shutter  is  on  tho  door 
and  that  it  is  actuated  by  centrifugal  means.  The  olaim, 
therefore,  covers  in  the  broadest  possible  form  the  sub¬ 
stitution  of  the  centrifugal  actuating  means,  shown  in  the 
English  or  French  patents  cited,  for  the  pump  of  Urban. 

The  pump  and  centrifugal  operating  moans  were  eaoh 
old  in  this  particular  art  and  for  the  some  purpose.  They 
were, therefore,  the  meohanioal  equivalents  of  one  another. 
Anybody  familiar  with  both  tho  Urban  camera  and  the 
English  and  French  patents  referred  to  would  know  that 


4. 


for  actuating  tho  film  protecting  shutter  of  a  moving 
picture  machine,  he  might  use  either  oentrifugal  meanB, 
or  a  pump.  Anyone  starting  out  to  design  a  film  pro¬ 
tecting  oh  litter  must  have  known  that  he  oould  ubo  either 
a  pump  for  actuating  the  shutter  or  a  centrifugal  means, 
such  as  a  oentrifugal  governor,  since  an  inventor  is  con¬ 
clusively  presumed  to  have  known  all  about  the  prior  art, 
and  for  this  reason  whon  a  olaim  is  presented  whioh  ooverB 
nothing  more  than  the  substitution  of  a  centrifugal  means 
for  the  pump,  such  a  olaim  oould  not  he  patentable. 

Again,  not  only  is  it  a  well  known  fact  in  this 
art  that  oentrifugal  operating  means  and  pumps  are  me- 
ohanioal  equivalents  of  one  another,  but  it  is  also  true 
in  other  arts,  as  for  example  in  engine  governors.  Every¬ 
one  is  familiar  with  the  ordinary  dentrifugal  engine 
governor,  but  there  is  a  wholo  sub-class  of  engine  gov¬ 
ernors  in  the  Patent  Office  in  whioh  the  valve  for  the 
admission  or  exclusion  of  compressed  fluid  to  the  ongine 
is  controlled  hy  a  pump,  whioh  in  turn  is  operated  by 
the  engine.  The  following  patents  have  been  placed  in 
this  record  to  show  the  equivalence  of  pumps  and  centri¬ 
fugal  means:  Eriokson,  No. 592, 529,  Ootobor  26,  1897; 
Yount,  Ho. 206 ,849,  August  6,  1878;  Gray,  Ho. 592, 248, 
October  26,1897;  Hash,  No. 192, 273,  June  19,1877,  and 
Deefrees,  Ho. 97, 056,  Hovember  23,  1869. 

Accordingly  a  olaim  whose  only  possible  novelty 
lies  in  tho  broadly  stated  substitution  of  a  oentrifugal 
moans  for  a  pump,  cannot  be  patentable,  as  pumps  and 
centrifugal  means  are  well  known  mechanical  equivalents, 
both  in  the  projecting  machine  art  and  generally. 

5. 


Tho  inventions  in  the  applications  involved  in 
the  present  interference  lie  in  the  particular  means  whioh 
each  of  tho  interferantB  has  designed  for  operating  tho 
shuttei*  from  the  centrifugal  means-,  and  not  in  the  mere 
fact  that  centrifugal  means  are  usod  instead  of  a  pump 
or  other  means.  Tho  claim  of  the  issue  is, therefore, 
too  broad. 

Take  now  a  slightly  different  point  of  view.  No 
one  would  for  a  moment  oontend  that  a  piston  pump  and  the 
well-known  centrifugal  pump  are  other  than  mechanical 
equivalents,  except  perhaps  in  certain  specific  relations 
which  would  have  to  he  specifically  set  out  in  order  to 
he  patentable.  Suppose  someone  should  substitute  a 
centrifugal  pump  such  as  that  shown  by  Deefrees  in  Patent 
No. 97,056  alroady  referred  to,  for  the  pump  of  Urban. 

It  is  to  be  noted  that  Deefrees  pump  is  UBed  for  the  same 
purpose  as  tho  Urban  pump:  to  foroe  air  into  a  cylinder, 
behind  the  piston  3?,  and  thereby  move  the  piston  rod  long¬ 
itudinally  to  open  and  close  a  valve.  Then  suppose  the 
person  making  this  change  wore  to  make  an  application  for 
a  patent  and  to  present  to  the  Patont  Offioe  for  allowance 
the  exact  claim  of  this  interference  issue;  such  a  claim 
would  olearly  describe  his  structure,  since  a  centrifugal 
pump  is  certainly  ono  form  of  "centrifugal  means".  Surely 
the  Examiner  would  hold  that  it  would  be  immaterial, broad¬ 
ly,  what  Bort  of  pump  were  used,  and  that  the  claim  based 
on  that  structure  would  be  unpatentable  in  view  of  the 
Urban  catalogue.  In  view  of  this  fact  a  olaim  for  a 
centrifugal  moans,  which  is  broader  than  a  olaim  for  a 
centrifugal  pump,  would  certainly  also  bo  unpatentable. 

6. 


-  RSBUHS 


The  claim  of  the  issue  is  too  broad  to  be  patent- 

a'olo . 

The  invention  lies  in  the  features  of  construction 
of  the  different  intorferants  and  not  in  the  broad  fact 
that  they  use  a  centrifugal  means  instead  of  a  pump  or 
other  means. 

Centrifugally  operating  devices  and  pumps  are  well- 
known  mechanical  equivalents  in  general,  aB  is  shown  in 
the  art  of  steam  engine  governors,  and  it  is  entirely  a 
matter  of  choice  for  the  mechanic  which  he  shall  ubo. 

Centrifugal  means  for  actuating  the  film  protect¬ 
ing  shutter  of  a  kinetoscope  are  old,  and  also  other 
means,  as  for  example,  a  pur®,  and  it  requires  no  inven¬ 
tion,  broadly,  as  it  is  claimed  here,  to  substitute  the 
one  means  for  the  other. 

There  could  not  possibly  he  any  invention  in  sub¬ 
stituting  an  ordinary  centrifugal  pump  for  a  piston  pump, 
and  the  claim  bf  the  issue  is  auffidiently  broad  to  cover 
the  substitution  of  a  centrifugal  pump  for  the  piston 
pump  of  Urban. 

Respectfully  submitted, 


Attorney  for  Aiken. 


Orange,  llew  Jersey 
July  1907. 


<1 


i 


(t 


BAXTER  MORTON 

4-2  BROADWAY 
NEWYORK 

August  22,  1907. 


Frank  L.  Dyer,  Esq. , 

Orange,  N.  J. 


Dear  Sirs- 


EEt  INTERFERENCE  -  PLATT  VS.  SCHNEIDER  VS. 

A  IKES  VS.  OERTLY. 


As  the  time  allotted  Platt  for  taking  his  proofs  in  ohief 
in  the  above-entitled  interference  has  almost  expired,  I  take  it 
that  there  ,  is  very  little  likelihood  that- any  proofs  will  be  taken 
on  Platt's  behalf.  Ely  olient  Sohneider  being  next  in  order  of 
assignments  for  talcing  testimony,  I  have  taken  up  the  case  for 
consideration  and  have  come  to  the  conclusion  that  the  issue  as 
defined  is  oertainly  not  worth  a  oontest.  The  reasons  for  this 
conclusion  aret  (1)  because  the  issue  is  a  bald'.- aggregation,  the 
film-protecting  shields  carried  by  the  upper  and  lower  edges  of  the 
door  being  wholly  independent  in  operation  of  the  gravity  shutter 
whioh  is  also  carried  by  the  door;  (2)  beoause  the  claim  would  be 
of  no  value,  even  if  valid,  beoause  it  would  be  avoided  by  simply 
doing  avmy  with  the  shield  at  one  end  of  the  door,  which,  as  you 
probably  know,  is  the  comaon  practice;  and  (3)  because  the  claim 
is  anticipated  in  substance  by  the  Warwiok  Trading  Company's  catalogue 
in  the  possession  of  the  Patent  Office,  taken  together  with  patent 
to  Nicholas  Power,  No ^*4., /YSJuly  17,  1906,  which  shows  thB  lower 
portion  of  the  door  extended  downward  to  form  a  shield. 

In  view  of  the  above-recited  situation,  I  propose  that 
in  the  event  of  Platt's  taking  no  testimony,  and  thereby  being 
out  of  the  contest,  -we  agree  mutually  to  canoel  this  claim  on 
behalf  of  our  respective  clients.  If  you  will  do  this,  or  agree 
to  an  interchange  of  licenses,  I  think  we  can  easily  settle  the 
entire  interference  to  mutual  advantage.  In  this  connection 
I  would  say  that,  assuming  that  your  dates  as  set  up  in  your 
preliminary  statements  can  bo  proved,  I  believe  that  ny  clients 
would  probably  prevail  in  any  interferences  involving  patentable 
subject-matter  common  to  their  applications  and  thoa e/of  your 
clients.  Their  feeling  about  these  .interference's ,  however,  is 
like  my  own,  namely,  that  the  issues  are  not  of  sufficient 
importance  to  justify  the  expense  of  a  oontest. 

Kindly  let  me  have  an  expression  of  your  views  of  the 
matters  above  presented  at  your  early  convenience.  And  oblige. 

Yours  very  truly. 


<s 


1 


Aug. 24 ,1907 


Baxter  Morton,  Esq., 

42  Broadway,  Hew  York,  W.Y. 

Dear  Sir:  — 

Your  favor  of  August  22  has  Been  received.  Ab 
you  know,  Mr.  Dyer  is  away  and  our  action  in  this  matter  will 
have  to  wait  on  his  return. 

I  have  ordered  a  copy  of  the  patent  to  Power,  Ho. 
826,112,  to  which  you  refer.  Gan  you  not  let  me  haw 
what  is  the  substance  of  the  disclosure  in  the  Warwi'ck  Trad¬ 
ing  Company's  catalogue,  which  you  refer  to  in  your  letter, 
so  that  we  may  have  the  same  light  on  this  subject  as  is  in 
your  possession  when  we  take  the  matter  up  for  final  con¬ 
sideration,  and  oblige- 

Yours  very  truly, 


HHD/kjT, 


[ATTACHMENT] 


Charles  Turner  Brown,  Esq., 

Unity  Building,  Chicago,  Ill. 


Bear  Sir:  — 


Enclosed  I  an  handing  you  carbon  copies  of 
the  assignment  to  be  signed  by  Messrs.  Moore  and  Armstrong} 
license  or  shop-right  granted  back  by  the  Edison  Manu¬ 
facturing  Company,  assignee,  to  Moore,  Bond  to  Company, and 
embodying  the  suggestions  contained  in  your  letter  of- 
June  22,  1907,  and  copy  of  an  agreement  between  Messrs. 
Moore  and  Armstrong,  and  the  Edison  Manuf actur ing  Company, 
by  which  Moore  and  Armstrong  agree  to  furnish  evidence 
necessary  to  obtain  a  patent  and  sustain  its  validity  when 
obtained,  and  the  Edison  Manufacturing  Company  agree  to 
prosecute  interferences  in  the  Patent  Offioe  and  to  sue 
infringers. 

In  preparing  those  papers  I  have  followed  as 
closely  as  possible  the  lines  of  our  previous  correspond¬ 
ence,  and  the  papers  seem  to  me  to  bo  in  proper  form.  Of 
course,  if  either  you  or  Messrs.  Moore  and  Armstrong  find 
anything  in  these  papers  not  to  your  satisfaction,  I  will 

+  ty.  ibayo.jr  nil  _ i,,«. J  A  ,  , 


CTU — 2 — Sept .23rd,  1907 

give  them. full  consideration.  Ab  soon  as  you  notify 
me  that  the  papers  are  satisfactory,  I  will  have  them 
executed  so  far  as  that  can  he  done  here,  and  forward 
them  to  Chicago  with  check  for  seven  huhdred  dollars 
as  agreed  upon. 

Very  truly  yours, 

HTIh/aTJIi 


enclosure 


r 


CHARLES  TURNER  BROWN, 

ATTORNEY  AT  LAW 

838-830  UNITY  BUILDING, 


t 


Chicago, III.,  Sept.  36,  1807. 


Hon.  Frank  L.  Dyer, 

Gen‘ 1  Counsel,  etc,, 
Elis onHanuf a  c turing  Company. 
Orange,  N7  J. 


Dear  Sir; 

Yesterday  I  received  your  favor  of  the  23rd  inst.  ,  with  pap® 
in  the  Ho  ore  Armstrong  matter. 

The  assignment  and  agreement  are  all  right. 

With  regard  to  the  license  there  are  two  points  which  Mr.  Moore 
desires  me  to  call  Jsour  attention  to.  First;  Moore,  Bond  and  CO.,  0. 
do  not  own  their  factory  and  may  be' compelled  to  move  inthe  future. 
Secondly,-  they  have  had  a  number  of  Edison  machines  brought  to  them 
to  attach  this  protectig  device  to;  and  in  fact  have  bought  Edison 
machines  of  your  Chicago  office  and  attached  the  device  to  them  and 
then  sold  the  machines.  The  placing  of  such  device  on  the  machine  givig 
the  preference  of  sale  to  them. 

I  suggest  therefore,  lines  14  and  15,  page  2  should  read,- 
named,  at  its  factory  inthe  City  of  Chicago,  and  in  no  other  place  or 
places,  such  factory  now  located  at  Nos.  104-6-8  Franklin  Street,  (and 
if  the  locationthereof  be  changed  immediate  mtice  of  such  change  is  to 
given  to  the  said  EdisonManufacturing  Company  hy  said  Moore,  Bond  & 
Co), 

Page  3,  line  5,  insert  after  "projecting  machines",—  except  that 
the  said- .Moore,  Bond  &  Co.,  may  make  the  machine  now  and  heretofore 


made  by  it  and  attach  the  same  on  Edison  Machines  owned  by  purchasers 
and  brought  to  said  factory  of  Moore,  Bond  &  Co  therefor  by  said  pur- 


A. 


CHARLES  TURNER  BROWN, 

ATTORNEY  AT  LAW 


Chicago,  III.,  Oct.  4,  1907. 

Prank  L.  Ryer,  Esq., 

■  Orange,  N.  J. 

Dear  Sir; 

In  reply  to  your  favor  of  the  1st  inst.  I  have  care¬ 
fully  examined  my  letter  of  June  22,  and  can  see  how  you  infer  as 
stated  in  your  letter?  but  if  you  will  read  my  letter  ii^&onnection 
with  yours  of  the  18th  June  and  5th  Ju^y,  (07)  and  the  facts  as 
I  will  endeavor  to  place  them  before  you,  you  will  see  that  our 
intentioi^as  to  reserve  all  I  now  ask.  And  it  seems  to  me  as  a 


would  ask  you  to  refer  the  matter  to  them  as  a  business  proposition 
before  making  your  final  decision  in  this  regard. 

Your  clients  make  the  Universal  and  the  Exhibition  moving 
picture  machine.  You  do  mt  place  this  film  protecting  device  on 
your  Universal  machine.  .  Reference  to  your  purchase  and  sales 
department  will  show  the  Moore  Bond  &  Co .,' corporation  are  buyers 
of  loth  machines  of  youj  and  that  their  purchaser  of  the  Universal 
are  as  9  to  1  compared  with  their  purchases  of  the  ExhiitiAn  ma- 
chine.  Pages  41  and  42  of  their  cAialdgue^show  what  they  do. 

Now,  if  you  put  the  protecting  device  on  the  Universal  machine 
the.  concession  to  them  will  be  of  no  value;  and  if  you  stop  the 
output  of  the  Universal  it  will  be  of  no  value.  But  if  you  confcl 
tinue  to  sell  the  Universal  moving  picture  machine  v/ithout  the 
film  protecting  device  they,  (Moore-  Bond  Co),  can  promote  the 
sale  of  it  together  with  the  sale  of  their  lanterns, bjp  the  conces;* 
sion;  and  that  is  why  they  have  expected  to  retain  the  right, 
course  your  price  is  not  so  high  on  the  Universal?  but  so  long  t 
you  have  it  on  thgjjarket  jure,  suppose  you  want  to_sell  it. 

, 


[ATTACHMENT] 


•'  *42  >*■»!.• 

these  machines  requires  an  extra  man,  and  even  Uie'riiyqu  coiiiid  not  dis¬ 
solve  a  still  picture  into  a  moving  and  a  moving  into  a  still  picture. 

This  double  Leader  lantern  is  so  constructed  that  the  top  lantern 
slides  to  one  side  and  remains  in  that  position,  during  the  entertainment. 
The.  top=  reel  of  the  moving  picture  machine  therefore  cannot  'interfere 

with  the  light  from  the  top  lantern.  The:  fields  from  the  two  lanterns 

t  .can  be.  as ;  quickly  '.and  accurately' registered  with  this' style  of  Leader  as 
•V^|.th.t^e  fcgularidoublc  Leadcr-rit  is  just  as  simple , to  bperate,. just  as 
V  quickly  •;  seL  up  and ,  requires  bo  /larger  ‘  carrying  •  case  than  the  regular 
double"  lantern.  Connections  -between  the  two  •  lanterns'  arc  .  so  :  con¬ 
structed  .that-thc  top  lantern' is  firmly  bound  to  !thc  lower  lantern  aind  the 
lower  lantern  is.figidly  secured  to,  the. hardwood’ baseboard,  by  -means 
of  four  turn-buckle  hooks. "  The  combination,  is  therefore,  firm’ and1  rigid 
—no  shake  or  vibration  while  operating.-  -tv rrsLi  •  /  ! 

The  Leader  lantern  is  the  only  practical  double  lantern  to  combine 
with  a  moving  picture  machine,  and  is  the  only  lantern  made  with  which 
you  can.  dissolve  from  still  to  moving  pictures  and  from  moving  to  still 
pictures^,:  The’dissolving  isas  perfect  as  though  two  still  pictures  were 
used Tit'a  regular  .dissolving  lantern.  -  .  q 


Charles  Turner  Brown,  Esq., 

Unity  Building,  Chicago,  Ill. 

Dear  Sir:  — 

I  have  your  favor  of  the  4th  inst.,  and  have 
talked  over  the  matters  discussed  therein  with  my  clients, 
and  they  say  that  there  will  he  no  objection  to  Moore,  Bond 
&  Company  equipping  the  "Edison  Universal"  Moving  Picture 
Projecting  Machines  with  the  film  protecting  mechanism.  Y/e 
are  therefore  willing  to  concede  to  Moore,  Bond  &  Company  the 
right  to  equip  this  type  of  machine  with  this  film  protecting 
apparatus,  although  as  stated  in  my  last  letter  I  do  not  con¬ 
sider  that  this  is  a  right  which' was  reserved  in  the  sale  of 
the  Moore  &  Armstrong  application.  I  judge  from  your  letter 
and  the  accompanying  catalogue  that  such  an  arrangement  will 
answer  the  purpose  of  your  clients,  and  I  am  therefore  enclos¬ 
ing  a  copy  of  the  license  embodying  this  provision.  I  have 
made  some  other  slight  changes  to  improve  the  form  of  this 
document,  but  this  is  the  only  change  in  substance. 

I  hope  that  the  papers  are  now  in  form  satis¬ 
factory  to  your  clients  so  that  the  matter  may  be  closed  up 
without  further  delay. 


You  promised  me  a  history  of  the  Moore  Sc  Armstrong 
case  some  time  since,  hut  I  have  not  yet  received  it.  Please 
let  me  have  this  history  at  once  so  that  1  oam  determine 
what  action  to  take  in  the  Interferences  diready  declared. 

Very  truly  yours, 

HHH/toli  General  Counsel. 


enclosure 


Automatic  2&M. 

I"  CHARLES  TURNER  BROWN,  T 


Frank  L.  Hyer,  Esqt> 

Counsel,  Edison  Mfg  Co. 

Orange,  N.  J, 

Dear  Sir: 


Chicago,  Iu.,  0Ct.  l8  10o?> 


1  enclose  the,  assignment  and  agreement,  also  a  brief 
history  of  the  invention,  in  the  matter  of  the  Film  Protecting 
device  of  Messrs  Moore  and  Armstrong/ 

The  license  received  to  day  be  me  is  all  right*  and  a 
copy  signed  and  executed  *111,  I  suppose  accompany  your  next 
remittance. 


[ENCLOSURE] 


History ‘of  the  invention  by  William  B.  Moore-and _ ' _ — 

ThoraaB  H.  Armstrong,  of  the  Film  Protecting  device  qn  Mov¬ 
ing  Picture  Machines  set  out  in  their  joint  application 
for  Letters  Patent  of  the  United  states,  filed  Huhe  25,  1906, 
serial  No.  323,270.  ' 

William  B.  Moore  is  the  manager  of  the  Moore-Bond  ft  Co,, 
a  corporation,  eto.,  and  was  the  manager  of  the  stereoptioon 
and  Film  Exchange,  (predecessor  of  Moore  -  Bond  &  Co. ),  from 
the  first  organisation  of  such  company. 

Thomas  H.  Armstrong  is  the  foreman  of  the  shop  of  said 
Moore-Bond  fc  Co.,  and  its  predecessors(  has  been  foreman  for 
the  last  seven  years. ) 

About  the  first  of  November  1904,  Mr.  George  Price, 

(then  an  exhibitor)  called  Mr.  Moore's- attention  to  the  film 
protecting  device  shown  by  a  cut  in  the  catnl  og  of  a  foreign 
dealer,  (name  not  now  at  hand)  and  exhibited  such  catalog  and 
the  cut  of  the  devic.e  to  Mr.  Moore. 

Mr.  Price  had  been  prior  to  that  time  an  employee  of  the 
Stereoptioon  and  Film  Exchange,  working  for  such  company  for 
more  than  six  months. 

Mr.  Moore  stated  to  Mr.  Price  at  this  time,  "I  don't 
think  that  is  a  good  mechanical  construction;  1  think  we  can 
get  up  a  better  thing  than  that. » 

Mr.  Moore  called! Mr.  Armstrong's  attention  to  the  raak~, 
ing  of  a  film  protecting  device,  and  outlined  the  needs  of  the 
device,  the  automatic,!  feature,  the  making '  of  a  machine  which 
could  lie  attached  to  .the  Edison  machine  principally,  but  also 
to  other  machines,  th|  economy  of  room  desired,  and  the  use 
of  centrifugal  force  and  frictiop. 


[ENCLOSURE] 


Mr.  Armstrong  was  shown  the  cut,  and  he  made  suggestions. 

It  was  decided  between  Messrs  Moore  and  Armstrong  at  that 

tiije  that  a  thin  metal  disc.EiovIng'botwoorx  tho-ixguu'onino . 

stereopticon  and  the  opening  of  the  moving  picture  machine 
and  operating  automatically  should  be  made  by  them;  and  some 
sketches  of  parts  were  then  made,  (these  sketches  were  not 
preserved),' 

Several  interviews  between  Messrs  Moore  and  Armstrong 
on  this  subject  occurred  between  the  middle  of  November  and 
about  the  first  of  December  1904,  and  a  drawing  of  the 
machine  as  first  made  was  completed  about  the  first  day  of 
December  1904,  a  copy  of  such  drawing  is  attached  hereto 
as  exhibit  A.  She  original  drawing  was  not  preserved. 

The  construction  of  thiB  machine  was  delayed  owing  to 
other  demands  on  the  ship;  and  to  the  frequent  discussions 
between  Moore  and  Armstrong  during  the  month  of  December,  and 
was  not  completed  until  the  middle  of  January  1905,  This 
first  machine  is  not  now  in  existence. 

The  parts  of  the  machine  were  made  by  Mr.  Armstrong  and 
the  machine,  as  it  progressed  was  in  view  of  all  the  work¬ 
men  in  the  shop,  and  some  of  the  tests*  of  it  were  seen  by 
them,  but  were  not  seen  by  outsiders'.  The  workmen  who  were 
then  in  the  employ  of  the  stereopticon  &  Film  Exchange  and’ 
who  .saw  it  were  Albert  Hepinsky,  Rudolph  Geister  and  Robert 
Armstrong. 

The  several  parts  were  made,  the  machine  put  together 
and  operated  on^the  14th  day  of  January  1905. 

The  operation  of  this  machine  was  in  the  dark  room  of 
the  Moore-Bond  %  Co.,  on  the  eame  floor  as  the  shop  in  which 
it  was  made,  and  was  in  the  presence  of  George  W.  Bond, 

William  B.  Moore  and  Thomas  H.  Armstrong. 


[ENCLOSURE] 


.  V 

'  The  operation  of  the  machine  was  r  epeated  several  tines 
a  day  for  many  days  in  the  manthsbf  January  nne 
1905. 

The  string  was  placed  in  the  machine  as  a  substitute 
for  flat  spring  ribbons. 

The  next  machine  was  completed  on  or  about  the  last 
of  March  1905  and  closely  resembled  the  one  now  made  by  the 
Edison  Manufacturing  Company. 

The  next  machine  made  was  like  Exhibit  B  to  statement 
of  Moore  and  Armstrong  enclosed;  and  was  completed  about 
January  1,  1906. 

These  last  machines  were  seen  by  the  employees  named  and 
others,  at  the  time  of  their  completion;  and  several  of  the 
last  named  machines  were  made  before  the  pending  application 


3 

f 


ASSIGNMENT  - 


WHEREAS,  we,  WILLIAM  B.  MOORE,  a  citizen  of  tho 
United  States  and  a  resident  of  Chicago,  in  tho  County  of 
Cook  and  State  of  Illinois,  and  THOMAS  H.  ARMSTRONG,  a 
oitizen  of  the  United  States  and  a  resident  of  Chicago,  in 
the  County  of  Cook  and  State  of  Illinois,  have  invented 
oertain  now  and  useful  improvements  in  MOVING  PICTURE 
MACHINES,  for  which  we  have  applied  for  letters  Patent  of 
the  United  States,  the  application  papers  therefor  having 
been  executed  by  us  on  the  23rd  day  of  June,  1906  and  said 
application  having  been  filed  in  the  Patent  Office  on  June 
25,  1906  and  serially  numbered  323,270,  and 

WHEREAS,  the  EDISON  MANUFACTURING  COMPANY,  a  cor¬ 
poration  organized  and  existing  under  and  by  virtue  of  tho 
laws  of  the  State  of  Hew  Jersey,  and  Jiaving  its  principal 
office  at  WoHt  Orange,  Bounty  of  Essex  in  said  State,  de¬ 
sires  to  aoquire  the  entire  right,  title  and  interest  in 
and  to  the  aforesaid  invention  and  application,  and  in  and 
to  any  Letters  Patent  of  the  United  States  to  be  granted 
therefor; 

NOW,  THEREFORE,  THIS  INDENTURE  WITNESSETH  that  for 
and  in  consideration  of  one  dollar,  and  of  other  good  and 
valuable  considerations,  the  receipt  whereof  1b  hereby 
acknowledged,  we,  said  William  B.  Moore  and  Thomas  H.  Arm¬ 
strong,  have  assigned,  transferred  and  set  over,  unto  Baid 
Edison  Manufacturing  Company,  its  successors,  assigns  or 
other  legal  representatives,  the  ontire  right,  title  and 
interest  in  the  said  invention,  aB  fully  set  forth  and  de¬ 
scribed  in  tho  specification  of  said  application  for  Letters 
Patent  of  the  United  States  for  said  invention, and  also  the 
entire  right,  title  and  interest  in  and  to  any  and  all  Let- 

1. 


tors  Patent  of  the  United  States  which  may  he  granted  there¬ 
for, and  in  and  to  any  reissue  or  reissues,  or  extension  or 
extensions,  of  said  letters  Patent,  the  same  to  he  held  and 
enjoyed  hy  said  Edison  Manufacturing  Company,  its  success¬ 
ors,  assigns  and  other  legal  representatives,  to  the  full 
end  of  the  term  or  terms  for  which  said  Letters  Patent  of 
the  United  States  are  or  may  he  granted,  reissued  or  ex¬ 
tended,  as  fully  and  entirely  as  the  same  would  have  heen 
held  and  enjoyed  hy  us,  said  William  B.  Moore  and  Thomas 
H.  Armstrong,  if  this  assignment  and  Bale  had  not  heen 
made. 

And  we  hereby  authorize  and  request  the  Commission¬ 
er  or  Patents  to  issue  the  said  Letters  Patent  of  the 
United  States  to  said  Edison  Manufacturing  Company,  its 
successors,  assigns  or  ot^er  legal  representatives,  in  ac¬ 
cordance  with  this  assignment,  and  we  hereby  covenant  that 
wo  have  full  fight  to  convey  the  interest  herein  assigned, 
and  that  we  have  not  exeouted  and  will  not  execute,  any 
agreement  in  confliot  herewith. 

And  we  hereby  expressly  covenant  and  agree  that 
whenever  said  Edison  Manufacturing  Company,  its  successors, 
assigns,  or  other  legal  representatives,  advise  us  that 
other  or  further  papers  are  necessary  to  he  executed  hy  us 
to  perfect  the  title  of  said  Edison  Manufacturing  Company, 
its  successors,  assigns  and  other  legal  representatives, in 
and  to  said  invention,  or  in  and  to  any  Letters  Patent  of 
the  United  States  therefor,  and  in  and  to  any  reissue  or  re¬ 
issues,  or  extension  or  extensions,  or  that  any  reissue  or 
reissues, or  extension  or  extensions,  is  or  are  desirable  and 
lawful,  we  will  sign  all  papers,  take  all  rightful  oaths 
and  do  all  necessary  acts  for  procuring  such  reissue  or 
reissues,  or  extension  or  extensions. 

2. 


IN  WITNESS  WHEREOF,  we  have  hereunto  signed  our 
names  at  Chicago,  Illinois,  this  / day  of 


State  of  Illinois,) 
County  of  Cook.  ) 


On  this  / ^  day  of  in 

the  year  of  our  lord,  one  thousand  nine  hundred  and  seven , 
before  me  personally  appeared  WILLIAM  B.  MOORE,  to  me  per¬ 
sonally  known,  and  known  to  me  to  be  the  person  described 
in  and  who  executed  the  foregoing  assignment,  and  he  ac¬ 
knowledged  to  me  that  he  executed  the  same,  as  and  for  the 
purposes  therein  set  forth. 


State  of  Illinois,) 

)ss: 

County  of  Cook.  ) 

On  this  /  £^/day  of  ^ 
the  year  of  our  Lord,  one  thousand  nine  hundred  and  seven, 
before  me  personally  appeared  THOMAS  H.  ARMSTRONG,  to  me 
personally  known,  and  known  to  me  to  be  the  person  describ¬ 
ed  in  and  who  executed  the  foregoing  assignment,  and  he  aok 
nowledged  to  me  that  he  exeouted  the  same,  as  and  for  the 


purposes  therein  set  forth. 

u^) 


A  G  R  E  E  H  E  N  T 


MEMORANDUM  OF  AGREEMENT  entered  into  this  <£/  ^day 
of  1907,  by  and  between  WILLIAM  B.  MOORE  and 

THOMAS  H.  ARMSTRONG,  both  residents  of  Chicago,  in  the 
County  of  Cook  and  State  of  Illinois,  parties  of  the  first 
port,  and  the  EDISON  MA3JUPACTURIMG  COMPANY,  a  corporation 
organized  under  the  laws  of  the  State  of  Nov/  Jersey,  and 
having  its  principal  place  of  business  at  West  Orange,  in 
the  County  of  Essex  in  said  State,  party  of  the  second 
part,  WITNESSETH; 

WHEREAS,  tho  said  William  B.  Moore  and  the  said 
Thomas  II.  Armstrong  have  .-Jointly  invented  certain  new  and 
useful  improvements  in  MOVING  PICTURE  MACHINES ,  for  which 
they  have  applied  for  Letters  Patent  of  tho  United  States, 
the  application  papers  therefor  having  boon  executed  by 
them  on  tho  23rd  day  of  June,  1906,  und  said  application 
having  bean  filed  in  the  Patent  Office  on  June  25,  1906, 
and  numbored  serially  323,270,  and 

WHEREAS, tho  said  parties  of  the  first  part,  for  and 
in  consideration  of  good  and  valuable  considerations  duly 
paid  to  them  by  tho  said  party  of  the  seoond  part,  have 
sold,  assigned  and  transferred  unto  the  said  party  of  the 
seoond  part,  the  entire  right,  title  and  interest  in  and 
to  said  invention  and  application  and  in  and  to  any  Letters 
Patent  which  may  bo  granted  thoroon,  and 

WHEREAS,  tho  said  party  of  the  second  part  has 
granted  a  license  to  Moore,  Bond  &  Company,  a  corporation 
of  Illinois  and  having  its  principal  plaoe  of  business  at 

1. 


Chicago,  in  the  County  of  Cook  in  said.  State  and  now  lo¬ 
cated  at  Ho.  104-6-0  Franklin  Street,  in  the  said  City  of 
Chicago, (in  which  corporation  the  said  William  B.  Moore, 
one  of  the  parties  of  the  first  part,  ia  largely  interest¬ 
ed,)  to  equip  moving  pictrire  projecting  machines  manufac¬ 
tured  hy  the  said  Moore,  Bond  &  Company  at  their  factory 
at  Ho.  104-6-8  Franklin  Street  in  the  said  City  of  Chicago, 
and  at  no  other  place,  with  film  protecting  mechanism  as 
set  forth  in  the  said  application,  ami  in  any  Letters 
Patent  which  may  he  issued  thereof,  wherefore  each  of  the 
parties  hereto  is  interested  in  securing  the  grant  of  a 
patent  or  patents  upon  the  Baid  application  and  in  sustain¬ 
ing  the  validity  of  any  patents  to  he  granted  on  said  in¬ 
vention; 


NOW  THEREFORE,  in  consideration  of  the  premises 
and  of  the  sum  of  one  dollar  in  hand  paid  hy  each  of  the 
parties  hereto  to  the  other,  it  is  agreed  as  follows: 

(1)  The  said  parties  of  the  first  part  and  each  of 
them,  will  furnish  any  and  all  oral  and  written  evidence, 
papers,  exhibits,  models  or  machines  which  may  he  required 
hy  the  party  of  the  second  port  and  which  may  he  matorial 
or  necessary  in  any  interference  in  which  the  Baid  applica¬ 
tion  is  now  involved  in  the  Patent  Office  or  in  which  it 
may  hereafter  become  involved,  to  secure  if  possible  and 
proper,  a  determination  of  the  issues  involved  in  all  such 
interferences  in  favor  of  the  said  application  of  Moore  and 
Armstrong,  Ho. 323, 270; 

(2)  The  parties  of  the  first  part  further  agree 
that  they  will  furnish  all  evidsnoe,  papers,  exhibits, 
models  or  machines,  which  may  he  required  hy  the  party  of 
the  seoond  part  and  which  may  he  necessary  or  material  to 

2. 


sustain  the  validity  of  any  Letters  Patent  whioh  shall  here¬ 
after  he  granted  upon  the  said  application  and  the  said 
invention  described  therein,  and  will  perform  all  acts  nnd 
do  all  things  in  their  power  proper  to  he  performed  or  done, 
to  assist  the  said  party  of  the  second  part  in  maintaining 
the  validity  of  saoh  Letters  Patent  and  in  prosecuting  any 
infringers  thereof; 

(3)  The  party  of  the  second  part  agrees,  if  ad¬ 
vised  hy  counsel  to  do  so,  to  prosecute  all  interferences 
in  the  Patent  Office  in  which  the  said  application  of 
Moore  and  Armstrong,  Ho.  323,270  is  now  or  shall  hereafter 
he  involved  in  the  Patent  Office,  paying  all  the  expenses 
of  such  prosecution  and  further  agrees,  if  advised  hy 
oounsel  to  do  so,  to  prosecute  at  its  own  expense  all  in-- 
fringers  of  any  Letters  Patent  whioh  may  hereafter  he  grant¬ 
ed  upon  the  said  application; 

(4)  The  party  of  the  second  part  further  agrees  to 
reimburse  the  said  parties  of  the  first  part  and  each  of 
them,  for  any  reasonable  and  prdper  expenses  whioh  they 
may  incur  in  the  furnishing  of  the  evidence,  papers,  ex¬ 
hibits,  models  or  machines,  which  the  parties  of  the  first 
part  or  either  of  them  shall  furnish  in  accordance  v/ith 
the  undertakings  contained  in  this  agreement,  and  to  pay. 
all  necessary  expenses  whioh  may  he  incurred  hy  the  par¬ 
ties  of  the  first  part,  or  either  of  them,  in  carrying  out 
the  said  undertakings,  and  to  pay  in  addition  to  the  said 
expense,  to  said  parties  of  the  first  part,  a  reasonable 
sum  per  diem  for  the  time  actually  consumed  hy  the  said 
parties  in  carrying  out  their  said  undertakings,  hut  in 
every  oaso  no  expenses  shall  he  incurred  nor  services  ren¬ 
dered  hy  the  parties  of  the  first  part,  or  either  of  them, 

•  ... : .  jk 


for  v/hich  tho  party  of  the  second  part  shall  in  any  wise 
he  liablo  unless  the  party  of  the  second  part  shall  he  first 
notified  thereof  and  signify  its  approval  of  the  same. 

12JT  WITM75SS  WHEHFOF  the  parties  of  the  firBt  part 


have  signed  their  names  hereto  : 


the  presence  of  two  wit- 


I  nesses  and  the  party  of  tho  second  part  has  caused  its  n« 
to  ho  signed  hy  its ^president  and  its  corporate  seal  to 
he  affixed  hereto  and  attested  hy  its  secretary. 


I  Witnesses  to  signature  of 
WiUiajn  B.  Moore. 

-  ns 


r 


WHEREAS,  WILLIAM  B.  MOORE,  a  citizen  of  the 
United  States  and  a  resident  of  Chicago,  in  the  County  of 
Cook  and  State  of  IXlinoio,  and  THOMAS  H.  ARMSTRONG ,  a 
citizen  of  the  United  States  and  a  resident  of  Chicago, 
in  the  County  of  Cook  and  State  of  Illinois,  have  Jointly 
invented  certain  now  and  useful  improvements  in  MOVING 
PICTURE  MACHINES,  for  v/hioh  they  have  applied  for  Letters 
Patent  of  the  United  States,  the  application  papers  there¬ 
for  having  been  exoouted  hy  them  on  the  23rd  flay  of  June, 
1506  and  said  application  having  Been  filed  in  the  Patent 
Office  on  June  25,  1906,  and  serially  numbered  323,270, 


WHEREAS,  said  WILLIAM  B.  MOORE  and  said  THOMAS  H, 
ARMSTRONG,  by  an  instrument  in  writing,  properly  signed, 
executed  *ind  delivered,  have  transferred  and  aesignod  the 
entire  right,  title  and  interest  in  and  to  the  aforesaid  in¬ 
vention  and  applicatt  on  and  In  and  to  any  and  all  Letters 
Patent  of  the  United  States  to  bo  granted  therefor,  to  the 
Edison  Manufacturing  Company,  a  corporation  of  Hew  Jersey, 
and  having  its  prinoipal  offioo  at  West  Orange,  County  of 
Essex  in  said  State,  and  the  said  Edison  Manufacturing 
Company  is  now  the  sole  owner  of  said  invention  and  appli¬ 
cation  and  of  uny  Letters  Patent  hereafter  to  be  granted 
therefor,  and 

WHEREAS,  MOORE,  BOND  io  COMPANY,  a  corporation 
organized  under  the  laws  of  the  state  of  Illinois,  and 
having  its  prinoipal  place  of  business  at  Chicago, Illinois, 


desires  to  secure  a  non-i 


aignable  shop-right  or  license  to 


manufacture'  the  film  protecting  mechanism  invented  by  the 
said  Moore  and  Armstrong  and  set  forth  in  the  said  applica¬ 
tion  No. 323, 270,  and  in  any  Letters  Patent  which  may  ho 
granted  therefor,  subject  to  the  terms  and  conditions  here¬ 
inafter  mimed 

HOW  THIS  IMDENTORE  WITNESSETH,  that  for  and  in  con¬ 
sideration  of  one  dollar,  and  of  other  good  and  valuable 
considerations,  paid  by  the  said  Moore,  Bond  &  Company  to 
the  said  Edison  Manufacturing  Company,  the  receipt  whereof 
is  hereby  acknowledged,  the  said  Edison  Manufacturing  Com¬ 
pany  hereby  licenses  and  empowers  said  Moore,  Bond  &  Com¬ 
pany  to  manufacture,  subject  to  the  conditions  hereinafter 
named,  at  its  factory  in  the  City  of  Chioago,  and  in  no 
other  place  or  plaoes,  film  protecting  mechanism  containing 
the  improvements  set  forth  in  Baid  application,  or  in  any 
patent  or  patents  which  may  bo  issued  on  said  application 
to  the  end  of  the  term  or  terms  for  which  said  Letters 
Patent  shall  be  granted; 

Provided,  however,  that  any  film  protecting  meohan- 
iem  which  may  be  so  made  shall  be  strictly  limited  for  use 
in  connection  with  moving  picture  proj acting:  machines  manu¬ 
factured  by  said  Moore,  Bond  &  Company,  and  in  connection 
with  Edison  Universal  moving  picture  projecting  machines, 
which  the  said  Moore,  Bond  &  Company  may  purchase  from  the 
said  Edison  Manufacturing  Company,  and  Buch  film  protecting 
mechanism  shall  not  be  used  in  any  other  way  or  in  connec¬ 
tion  with  any  other  projecting  machines,  nor  shall  such 
film  protecting  mechanism  be  sold  or  offored  for  Bale,  or 
leased  or  in  any  other. IwaysdispSs'ed  6feby:.±he  said  Moore, 
Bond  &  Company,  aB  a  separate  attachment  for  projecting 
machines.  The  Edison  Manufacturing  Company  hereby  re- 

2. 


serves  unto  itself  the  right  to  withdraw  the  said  EdiBon 
Universal  moving  pioture  projecting  machine  from  the  mar¬ 
ket  at  any  time.  It  is  understood  that  the  factory  of  the 
licensee  hereunder  is  now  located  at  iros. 104-106-108  Frank¬ 
lin  Street,  in  the  City  of  Chicago,  hut  the  Edison  Manufac¬ 
turing  Company  agrees  that  the  shop-right  heroin  granted 
will  not  terminate  if  the  location  of  Bald  factory  he 
changed  to  any  other  plaoe  in  the  said  City  of  Chicago, 
provided  immediate  notice  of  such  change  ho  given  hy  the 
said  Moore,  Bond  A  Company  to  the  said  Edison  Manufacturing 
Company.  In  case  of  any  violation  of  the  terms  of  this 
agreement  hy  said  Moore,  Bond  &  Company  this  license  may 
thereupon  he  revoked  hy  the  Edison  Manufacturing  Company. 

IN  WITNESS  WHEREOF,  the  Edison  Manufacturing  Company 
has  caused  its  name  to  he  signed  hy  its  President,  and  its 
corporate  seal  to  he  affixed  hereto  this  ‘r^day  of 

1907. 

EDISON  MANUFACTURING  COMPANY 
By  ■ 


Secretary. 


[ATTACHMENT] 


9 


t 


,  A 

; 

tv. 

V 


-  II  C  E  N  E 


WHEREAS,  WILLIAM  B.  MOORE,  a  citizen  of  the 
United  States  and  a  resident  of  Chicago,  in  the  County  of 
Coot  and  State  of  Illinois,  and  THOMAS  H.  ARMSTRONG ,  a 
citizen  of  the  United  States  and  a  resident  of  Chicago, 
in  the  County  of  Cook  and  State  of  Illinois,  have  jointly 
invented  certain  new  and  useful  improvements  in  MOVING 
PICTURE  MACHINES,  for  which  they  have  applied  for  Letters 
Patent  of  the  United  States,  the  application  papers  there¬ 
for  having  "been  executed  by  them  on  the  23rd  day  of  June, 
1906  and  said  application  having  been  filed  in  the  Patent 
Office  on  June  25,  1906,  and  serially  numbered  323,270, 
and 


WHEREAS,  said  WILLIAM  B.  MOORE  and  said  THOMAS  H. 
ARMSTRONG,  by  an  instrument  in  writing,  properly  signed, 
executed  and  delivered,  have  transferred  and  assigned  the 
entire  right  title  and  interest  in  and  to  the  aforesaid  in¬ 
vention  and  application  and  in  and  to  any  and  all  Letters 
Patent  of  the  United  States  to  be  granted  therefor,  to  the 
Edison  Manufacturing  Company,  a  corporation  of  New  Jersey, 
and  having  its  principal  office  at  West  Orange,  County  of 
Essex  in  said  State,  and  the  said  Edison  Mamif actur ing 
Company  is  now  the  sole  owner  of  said  invention  and  appli¬ 
cation  and  of  any  Letters  Patent  hereafter  to  be  granted 
therefor,  and 


WHEREAS,  MOORE,  BOND  &  COMPANY,  a  corporation 
organized  under  the  laws  of  the  State  of  Illinois,  and 
having  its  principal  place  of  business  at  Chicago,  Illinois 
desires  to  secure  a  non-ass ignable  shop-right  or  license  to 


[ATTACHMENT] 


manufacture  the  film  protecting  mechanism  invented  by  the 
said  Moore  and  Armstrong  and  set  forth  in  the  said  applica¬ 
tion  Ho. 323, 270,  and  in  any  Letters  Patent  which  may  he 
granted  therefor,  subject  to  the  terms  and  conditions  here¬ 
inafter  named 

HOW  THIS  INDENTURE  WITHES SETH,  that  for  and  in  con¬ 
sideration  of  one  dollar,  and  of  other  good  and  valuable 
considerations,  paid  by  the  said  lloore,  Bond  &  Company  ,to 
the  said  Edison  Manufacturing  Company,  the  receipt  whereof 
is  hereby  acknowledged,  the  said  Edison  Manufacturing  Com¬ 
pany  hereby  licenses  and  empowers  said  Moore,  Bond  &  Com¬ 
pany  to  manufacture,  subject  to  the  conditions  hereinafter 
named, at  its  factory  in  the  City  of  Chicago,  and  in  no  other 
place  or  places,  such  factory  ncwloeated  at  Hos. 104-6-8 
PranKlin  Street,  and  ii  ohe  location  thereof  be  changed  im¬ 
mediate  notice  of  such  change  is  to  be  given  to  the  said 
Edison  Manufacturing  Company  by  said  Moore,  Bond  &  Company, 
film  protecting  mechanism  containing  the  improvements  set 
forth  in  Moore  and  Armstrong's  said  application,  serially 
numbered  323,270,  or  in  any  patent  or  patents  which  may  be 
issued  on  said  application  to  the  end  of  the  term  or  terms 
for  which  said  Letters  Patent  shall  be  granted; 

This  license  grants  no  right  to  manufacture  any 
part  or  parts  of  moving  picture  projecting  machines, under 
any  patents  which  are  or  may  be  controlled  by  the  Edison 
Manufacturing  Company,  except  the  film  protecting  mechanism 
therefor  embodying  said  invention  of  Moore  and  Armstrong, 
and  is  limited  strictly  to  the  equipping  of  moving  picture 
projecting  machines  manufactured  hy  the  said  Moore, Bond  & 
Company  with  the  said  film  protecting  mechanism,  and  the 
said  Moore,  Bond  &  Company  does  not, under  this  license, 
acquire  the  right  to  equip  machines  other  than  those  manu¬ 
factured  by  it  with  the  said  improvements,  nor  to  make  or 
sell,  or  lease  or  otherwise  dispose  of,  automatic  film  pro- 
2. 


[ATTACHMENT] 


tecting  mechanism,  as  attachments  for  moving  picture  pro¬ 
jecting  machines  other  than  those  manufactured  hy  said 
Moore,  Bond  &  Company,  nor  to  sell,  lease  or  otherwise  dis¬ 
pose  of  such  film  protecting  mechanism  independently  of 
moving  picture  projecting  machines.  In  case  of  any  viola¬ 
tion  of  any  of  the  terms  of  this  license  hy  said  Moore,  Born 
&  Company,  this  license  may  thereupon  he  revoked  hy  the 
Edison  Manufacturing  Company. 

IH  WITNESS  WHEREOF ,  the  Edison  Manufacturing  Company 
has  caused  its  name  to  he  signed  hy  its  President,  and  its 
corporate  seal  to  he  affixed  hereto  this  day  of 

1907 


Attest 


EDISON  MANUFACTURING  COMPANY 

By  _ 

President . 


Secretary. 


A.  Weateo,  Secretary 

Edison  Manufacturing'  Company, 

Orange,  21.  J. 


Dear  Sir: — 


Please  let  me  have  a  check  of  the  Edison  Manufacturing 
Company,  for  seven  hundred  dollars  ($700.)  drawn  to  the 
order  of  William  B.  Moore  and  Thomas  H.  Armstrong,  This 
is  to  pay  for  the  invention  and  application  of  the  said 
Moore  and  Armstrong  for  film  protecting  shutter  for  moving 
pioture  machines,  the  purchase  of  which  Jiao  been  authorised 
by  Mr.  Gilmore.  All  the  papers  are  now  ready,  and  immedi¬ 
ately  on  receipt  of  this  check  we  will  close  the  transac¬ 
tion. 

Very  truly  yours, 


hhd/mjl 


General  Counsel. 


Oct .22 ,  1907 

Charles  Turner  Brwwn,  Esq., 

Unity  Building,  Chicago,  Ill. 

Dear  Sir:-- 

I  tun  enclosing  you  the  following: 

Edison  Manufacturing  Company's  oheck  for  seven 
hundred  dollars  (§700.)  drawn  to  tho  order  of  William  B. 

Moor a  and  Thomas  E.  Armstrong. 

license  made  hy  the  EdiBon  Manufacturing  Company 
‘to  Moore,  Bond  &  Company. 

Agreement  betv/een  tho  Edison  Manufacturing  Com-f; 
pany  and  Moore  and  Armstrong,  executed  on  the  part  of  the 
Edison  Manufacturing  Company. 

Substitute  Bower  of  Attorney  in  Moore  and  Arms¬ 
trong  application. 

Extra  copies  of  the^ahj^sragifSement  and  of  the 
assignment  made  hy  Moore  and  Armstrong  to  the  Edison  Manu¬ 
facturing  Company. 

j  Please  Bign  tie  substitute  Power  of  Attorney  and 

return  same  to  me.  All  the  other  papers  are  to  be  retained 
by  you. 


•  '-.w  .  ' 

CTB— 2— Oct.22,  1907. 

I  trust  that  this  satisfactorily  closes  up  the 
matter  of  the  purchase  of  the  Moore  and  Armstrong  applica¬ 
tion  by  the  Edison  Manufacturing  Company. 

Very  truly  yours, 

General  Counsel. 

Hiro/kjL 
enclosures . 


f  r  t 

*  CHARLES  TURNER  BROWN, 

ATTORNEY AT  LAW 

838-830  UNITY  BUILDING, 


Chicago,  Im,.,  0ct-  34,  1907. 

Frank  L.  Eyer,  Esq. 

Orange,  N.  J, 

Bear  Sir; 

I  enclose  substitute  attorney  appointment,  as  per 
your  request  this  day  received.  Draft  and  executed  instru¬ 
ment  license  Edison  Mfg  Co.  to  Moore-Bond  &  Co,  tilth  copies 
of  itcefflje  ,  assignment  and  agreement  also  received,  for 
which  please  receive  my  thanks. 

I  telegraphed  you  yesterday  "Send  draft  payment 
Moore-Armstrong  assignment  Edison  Mfg  Co."  because  the  party 
Bast  who  desired  to  negotiate  for  purchase  again  wrote  Messrs 
M.  and  A.,  and  they  suggested  they  did  not  want  to  send  final 
refusal  until  I  heard  of  the  receipt  by  you  of  the  signed 
papers,  and  that  same  were  satisfactory j  and  I,  believing 
they  must  be, worded  the  telegram. 

I  am  pleased  the  matter  is  disposed  of $  and  will  be 
of  such  assistance  to  you  as  I  can,  at  your  request. 

Yours  truly. 


1 


BAXTER  MORTON 


"7 


October  26th,  1907. 


Mr.  H.  H.  Dyke, 

Legal  Department,  Edison  Laboratory, 
Orange,  If.  J. 


Dear  Mr.  Dykos- 

1  have  gotten  togothor  all  the  witnesses  on  behalf  of  Power  in  the 
interference  Power  vs.  Aikon  vs.  Oertly  except  one,  aid  can  put  in  Power's 
testimony  in  chief  this  week  if  you  are  anxious  to  go  ahond  with  the 
interference.  If  you  have  no  special  desire  to  proceed,  I  shall  be  very  glad 
to  stipulate  a  postponement  of  the  testimony.  If  you  would  prefer  to  go  ahead, 

I  would  like  to  begin  at  11  a.m.  Thursday,  October  31et.  Unless  I  can  secure 
a  suitable  room  nearer  the  office  of  the  Nicholas  Fewer  Com; any  for  the  purpose, 

I  will  expect  to  take  the  testimony  at  my  former  office  at  42  Broadway. 

Please  let  me  know  at  once  what  you  would  prefer  to  do  in  the 
premises.  Perhaps  you  had  bettor  telephone  mo  as  soon  as  you  have  considered 
the  matter  with  Mr.  Dyer.  I  will  be  at  the  office  of  the  Nicholas  Power  Company 
all  of  Monday  morning,  and  probably,  Monday  afternoon  after  2  o'clock.  The 
'phone  number  bt.  7653  Cortlandt. 

Prom  ini’-  observation  of  conditions  in  the  picture  machine  business, 

I  am  disposed  to  think  it  would  be  a  good  thing  for  all  if  the  principal 
manufacturers  of  picture  machines  were  to  effect  some  working  arrangement  so 
as  to  present  a  strong  front  to  the  trade,  and  insure  a  continuance  of 
substantial  profits.  1  have  reason  to  believe  that  practically  all  the  manu¬ 
facturers  outside  of  the  Edison  Company  would  Idok  favorably  upon  an  arrangement 
of  this  character,  and  that  they  would  be  willing  to  join  in  any  equitable 
arrangement.  1  am  mentioning  this  because  I  presume  you  know  or  can  easily  find 
out  how  the  Edison  Company  would  look  upon  a  proposition  to  enter  into  such  an 
arrangement.  If  you  are  in  a  position  to  do  so,  I  wish  you  would  let  me  know 
how  such  a  propositionm  would  probably  be  received,  and,  if  you  think  any  arrange¬ 
ment  including  the  Edison  Company  could  he  made,  I  would  like  to  know  whom  it 
would  he  well  to  take  the  matter  up  with.  If  anything  could  be  accomplished  by 
coming  out  to  your  office  and  taking  the  matter  up  with  Ur.  Dyer  and  other 
gentlemen  connected  with  the  Edison  Company,  I  will  he  glad  to  come  out  at  once 
and  present  my  views  of  the  matter. 

Yours  very  truly. 


i 


2 


f 


BAXTER  MORTON 
COUNSELOR  AT  LAW 
«2"BtjOADWXY;'r 

1  NEW  YORK 

'  115  Hat-: sou  3-treat. 


Oct.  £9,  1907. 


I'.r.  E.  K.  Dyke , 

Assistant  Counsel , 

raison  Laboratory, 

Orange,  E.  .7. 

Lora-  T'r.  IJyke:- 

”our  favor  of  yesterday  confirming  telephone 
conversation  received  and  in  reply  beg  to  say  that  1  shall 
■prob;  bly  run  out  to  Orange  on  Friday  to  confer  v.ith  you 
and  such  other  gentlemen  as  you  nay  think  it  advisable  to 
see,  but  v:ill  communicate  v.ith  you  by  telephone  Fhursday 
evenin^  or  Friday  morning  to  make  a  definite  appointment. 


Hov.  4, 


1907 


Messrs.  Bacon  &  Milano , 

SOB  0  Street,  Vauhinston,  P.'O. 

Gentlemen:  — 


I  telegraphed  you  this  morning  : 

"Pont  file  Aiken  ooncession  of  prSferity. 

Assignee  is  wr ong . " 

1  an  enclosing  yon  a  properly  drawn  concession 
of  priority,  the  assignee  being  the  Mison  Manufacturing 
Company  and  not  the  Mow  Jersey  Patent  Company,  as  atated 
in  the  paper  which  1  first  sent  you.  Please  have  thiB 
paper  filed  in  the  Patent  Office  without  delay  and  oblige 
Yours  very  truly, 


HHP/terc, 

enclosure 


General  Counsel, 


/ 


BAXTER  MORTON 
COUNSELOR  AT  LAW 

NEW  YORK 
117  NASSAU  ST. 


Mr.  H.  H.  Dyke,  Asst.  Counsel, 

Edison  Dabaratory, 

Orange,  H/  J. 

Dear  Mr.  Dyke: 

Your  letter  ooyering  signed  copy  of  the  agreement 
with  Sohneider  duly  teoelved  and  oontenta  noted.  1  will  accordingly 
have  Sohneider  exeoute  a  formal  concession  of  priority  and  send  it 
to  you  as  soon  as  possible. 

In  the  Power  interference,  I  should  like  to  take  tes¬ 
timony  aB  soon  ns  you  oan  attend,  I  shall  have  to  go  to  Chicago 
to  attend  the  Moving  Picture  Convention  on  Saturday  next  and  am 
hoping  we  oan  close  the  testimony  by  Thursday  afternoon.  I  Bhall 
call  only  five  witnesses  and  none  of  the  depositions  should  be  very 
long.  I  will  oall  you  up  Monday  at  10  A.  M.  to  arrange  finally  about 
it; 


Yours  very  truly, 


Le^al  Box.  1* *73 


3itt  % 

Hntteft  patent  GDfttn> 


Interference  No.  27,479  D. 
AIKEN  V  Automatic  Film  Protecting  Screen 


BRIEF  FOR  OERTLY  ON  FINAL  HEARING. 


FRANK  L.  DYER,, 

•  Attorney. for  Oertly. 
HERBERT  H.  DYKE,  V  ;  ; 

Of  Counsel.- 


fu  tMtoiM  states  ffafont  (Dfto 


Oertly,  J  . 

vs.  I  Interference  No.  27,479  D. 

Aiken,  >  Automatic  Film  Protecting  Screen 
vs.  I  For  Kinetoscopes. 

Power.  1 

BRIEF  FOR  OERTLY  ON  FINAL  HEARING. 

Oertly  is  the  senior  party  to  this  interference,  having  filed 
his  application  in  April,  190C,  the  application  of  Power  not 
having  been  filed  until  the  following  October.  Oertly  be¬ 
ing  the  senior  party  and  the  first  to  apply  to  the  Patent  Office 
is  priina  facie  the  first  inventor,  and  the  burden  of  proof  is 
on  Power  to  establish  clearly  and  affirmatively  that  he  is  the 
prior  inventor.  Punk  vs.  Malteson  vs.  Haines,  .100  O.  G., 
1764;  Robinson  vs.  Thresher,  123  O.  G.,  2627. 

Oertly  has  taken  no  proofs  but  relies  on  his  date  of  filing, 
April  24,  1906,  for  a  constnictivc  reduction  to  practice.  The 
testimony  in  behalf  of  Power  is  to  the  effect  that  he  con¬ 
structed  an  attachment  for  a  movirtg  picture  projecting 
machine,  embodying  the  invention  of  the  interference  issue 
in  August  and  September,  of  1905,  that  this  machine,  which 
is  in  evidence  as  “Power’s  Exhibit  A,”  was  subjected  to 
some  shop  tests,  the  outcome  of  which  is  not  shown  by  the 
evidence,  reliance  being  apparently  placed  by  Power  upon 
the  test  of  the  device  in  Herald  Square,  New  York,  in  front 
of  the  Herald  Building,  in  the  month  of  November,  1905,  on 
the  night  when  the  returns  were  made  of  the  McClellan 
and  Hcarst  election ;  that  the  machine  was  placed  on  the  shelf 
from  the  time  of  its  completion  until  election  night,  1905, 
at  which  time  it  was  used  for  the  projection  of  moving  pic¬ 
tures  in  Herald  /Square,  and  that  since  that  time  it  has  re¬ 
mained  on  tile  shelf  until  it  was  taken  down  for  use  in  con¬ 
nection  with  the  preparation  of  the  patent  application  in- 


volved  in  this  interference,  about  October,  1906 — and  it  is 
to  be  noted  in  this  connection  that  the  machine  on  which 
application  for  patent  was  made  is  quite  different  from  the 
machino  made  in  -  August,  and  September >  of  ■  1905, “and  'in 
evidence  as  “Power’s  Exhibit  A” — and  that  from  that  time 
until  it  was  introduced  in  evidence  in  this  interference  in  the 
month  of  December,  1907,  it  was  again  placed  on  the  shelf 
.and  no  use  was  made  of  it. . 

It  will  be  apparent  ■  that  to  prevail  in  this  proceeding 
Power  must  show- that- the  machino  in -evidence  as  “Power’s 
Exhibit  A”  is  a  reduction  to  practice-of  the  invention  of  the 
interference  issue,  for  it  is  quite  apparent  that  except  fort 
what  was  done  in  the  making  and  use  of  this  machine, . 
Power  was  not  diligent  in  .following_.up.lhis  conception  of 
August,  1905  (see  preliminary  statement),'  for  he  did  not 
file  ,  his  application  until  -October, .  1906.’  The- law- on.  this 
point  is  well  stated.  in-Paul  vs.  Hess,  115  O.  G.,  251  (Court, 
of  App„  D.  C.),as  follows: 

“That. application  having. been  filed  later,  the  bur-- 
den  was  imposed  upon  Paul,  to  show  a  reduction  to 
practice  preceding  Hess’  date,  or  of  such  an-  earlier  - 
conception.  followed  up  with  due  diligence  to  reduc¬ 
tion  to  practice,  either -actual  or  constructive.” 

,  Power  alleges,  as  reasons  for  his  delay,  that  he  was  ex¬ 
tremely  busy)  and  that  there  was  no  demand:  for  a  film-pro¬ 
tecting  screen  until  about  the  time  of  the  filing  of  his  applica¬ 
tion,  but  it  is  well  settled  that-  Ocrtly  having  entered  the  field 
during  the  period  of  his  -inactivity,  these  mere  business  rea¬ 
sons' will  not  excuse  Power's  delay  of  a -year  and  more  in 
:  the.filing  of  his  application.  IVatson-vs.  Thomas,  106  O.  G., 
1776,  C.  D.  of  1903,  page  370 ;  R obinson vs.  Copeland,  III 
O,  G.,  579,  C.  D,  of  1904,  page  257;  Sccbcrger  t\s.  Dodge, 
114  O.  G.,  2382;  Wymtm  vs.  Donnelly,  C.  D.  of-ipoj,  page  : 
556,  and  Parkcs  vs.  Lends,  123  O.  G.,  2313. 

TESTS  GIVEN  TO  POWER’S  MACHINE  OF  1905, 

There  are  several  indefinite1  references  in  the- evidence  on 
behalf  of  Power; to  tests  given  to:  the  shutter  attachment  to- 
see  whether  it  worked  properly;  as  for  example;  in  the  evi-  1 
dence  of  Power  himself  we  find  the  following: 


“Q.  29.  Was  the  exhibition  which  was  given  by 
you  with  the  apparatus  in  evidence  on  election  night, 
1905,  given  for  the  purpose  of  testing  the  shutter  at¬ 
tachment  on  it  ? 

A.  I  tested  it  previous  to  that  under  way  satis¬ 
factory  to  111c.” 

This  testimony,  of  course,  refers  to  tests  made  during  the 
construction  of  the  shutter  attachment  and  not  after  its 
completion.  I11  the  testimony  of  the  witness  Uhlemann 
(Q.  15), there  is  a  statement  that  the  attachment  was  operated' 
in  the  shop  at  1 17  Nassau  Street,  but  nothing  is  said  as  to 
the  outcome  of  such  tests.  Such  somewhat  indefinite  sug¬ 
gestions  furnish  no  clear  indication  of  whether  or  not  the  . 
machine  was  operative  at  the  time  of  its  construction,  and  it 
is  apparent  that  if  -'this  unachine  is  held  to  have  been  a  re¬ 
duction  to  practice  in  1905,  such  holding  must  be  based  upon 
the  tests  which  were  made  on  election  night,  in  November, 
1905.  It  is,  of  course,  well  settled  that  the  'fact  that  the 
machine  may  now  appear  to  be  operative  in  that  when  the 
crank  is  turned  the  shutter  will  be  raised,  does  not  prove  that 
it  was  operative  at  the  time  when  it  is  alleged  to  have  been 
made.  Fefcl  vs.  Stocker,  94  O.  G.,  433,  C.  D.  of  1901, 
p,  269.  Further,  such  operation  is  of  no  value  as  it  is 
not  a  test  under  working  Conditions,  for  the  machine  is,  de¬ 
signed  to  operate  in  the  presence  of  a  high  heat  and  when  a 
film  is  being  passed  through  it  for  purposes  of  exhibition. 

In  Bliss  vs.  Mclilroy,  122  O.  G.,  2687  (affirmed  by  Court 
of  Appeals,  D.  C„  128  O.  G.,  458),  where  the  device,  in  is¬ 
sue  was  intended  for  the  electrical  lighting  'of^niilway  cars,  . 
the  Commissioner  said:’ 

“This  -device  was  never  used  for  the  purpose  of 
lighting  a  car,  but  for  the  purpose  of  experiment  was 
tested  in  the  basement  of  a  building.  It  seems  to 
have  been  laid  aside  after  the  test  and  Bliss  devoted- 
his  attention  to  other  inventions.  He  made  and  put 
into  use  another  car-lighting  system  and  filed  many 
applications  relating  to  other  inventions.  Such  con¬ 
duct  naturally  tends  to  discredit  his  allegations  that 
his  test  of  this  invention  was  a  success." 

Power’s  device,  like  that  of  Bliss,  was  discarded  after  its 
completion  and  alleged  test  and  was  replaced  by  another  and 
different  device. 


were  resorted  to  because  as.  Power’s  earlier  device  was  a 
mere  unsuccessful  experiment,  which  he  abandoned  in  favor 
of  liis  later  form  of  construction. . 

CONCLUSION. 

We  submit  in  conclusion  that  Power,  who  is  the  junior 
party,  has  not  sustained  the  burden  which  rests  upon 
him  to  show  by  clear  and  affirmative  proof  that  his 
1905  machine  was  a  reduction  to  practice  of  the  invention 
and  is  therefore  entitled  to  the  date  thereof — November,  1905 
— only  as  a  date  of  conception ;  that  he  did  nothing  with  his 
invention  from  November,  1905,  until  September,  1906, 
and  that  during  this  period  of  his  inactivity,  Oertly  in  April, 
1906,  entered  the  field  and  constructively  reduced  the  inven¬ 
tion  to  practice  by  the  filing  of  an  allowable  application  and 
that,  therefore,  Oertly,  although  the  last  to  conceive,  was  the 
first  to  file  and  the  first  to  reduce  to  practice,  and  is  entitled 
to  an  award  of  priority. 

Respectfully  submitted, 

Frank  L.  Dyer, 

Attorney  for  Oertly. 

Herbert  H.  Dyke, 

Of  Counsel. 


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41 


BAXTER  MORTON 
COUNSELOR  AT  LAW 
PATENTS  and  PATENT  CAUSES 

NEW  YORK 


F-I'.  Dyer,  Esq. , 

General  Counsel, 

Edison  Ufg.  Co., 

Orange,  N.J. 


/-August  5th, 1908. 


My  dear  Mr.  Byert-  ■' 

I  have  before  me  a  letter  from  Mr.  Xyek,  dated  August  4th,  relative 
to  the  patent  situation,  and  bog  to  say  that  the  exchange  of  licenses  outlined  in  his 
letter  is  entirely  satisfactory  to  me.  1  suppose  the  actual  drawing  of  the  licenses 
may  as  well  go  over  until  Mr.  Dyke’s  return. 

Yours 


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LEGAL  DEPARTMENT  RECORDS 
MOTION  PICTURES  -  CASE  FILES 


This  material  consists  of  correspondence,  court  documents,  and  other 
items  relating  to  infringement  suits,  antitrust  suits,  and  copyright  actions 
involving  motion  pictures.  Most  of  the  selected  items  cover  the  years  1 902- 
1910,  but  some  case  files  are  from  the  1910s.  Several  cases  relate  to 
alleged  copyright  infringements.  Others  deal  with  suits  brought  by  the  Motion 
Picture  Patents  Co.  against  unlicensed  manufacturers  for  infringement  of 
Woodville  Latham's  U.S.  Patent  707,934.  Also  included  are  several  suits 
brought  against  the  Motion  Picture  Patents  Co.,  the  General  Film  Co.,  and 
their  licensed  manufacturers  by  independent  motion  picture  exhibitors  and 
by  the  federal  government.  Closely  related  cases  have  been  grouped  in  the 
same  folder. 


American  Mutoscope  &  Blograph  Company  v.  Edison  Manufacturing  Company 

This  folder  contains  material  pertaining  to  a  suit  brought  by  the  American  Mutoscope  & 
Biograph  Co.  against  the  Edison  Manufacturing  Co.  in  the  U.S.  Circuit  Court  for  the  District  of  New 
Jersey.  The  case  was  initiated  in  November  1904  and  involved  the  alleged  infringement  of 
Biograph's  copyright  for  the  film,  Personal.  The  selected  items  include  the  bill  of  complaint  and 
affidavits  by  the  complainant  and  defendant. 

Armat  Moving  Picture  Company  v.  Edison  Manufacturing  Company 

This  folder  contains  material  pertaining  to  the  suit  brought  by  the  Armat  Motion  Picture  Co. 
against  the  Edison  Manufacturing  Co.  in  the  U.S.  Circuit  Court  for  the  Southern  District  of  New 
York.  The  case  was  initiated  in  1902  and  later  heard  in  the  U.S.  Circuit  Court  of  Appeals.  It 
involved  the  alleged  infringement  of  U.S.  Patent  586,953  issued  to  Thomas  Armat  and  C.  Francis 
Jenkins.  The  selected  items  include  affidavits  by  Edison,  William  Heise,  John  F.  Ott,  and  others 
for  the  defense,  along  with  correspondence  between  attorneys  on  both  sides  of  the  case 
regarding  possible  settlements  and  cross-licensing  agreements. 

Thomas  A.  Edison  v.  Sigmund  Lubln 

This  folder  contains  material  pertaining  to  the  suit  brought  by  Edison  against  Sigmund 
Lubin  in  the  U.S.  Circuit  Court  for  the  Eastern  District  of  Pennsylvania.  The  case  was  initiated  in 
June  1902  and  involved  the  alleged  infringement  of  Edison's  copyright  on  the  film,  Christening  and 
Launching  Kaiser  Wilhelm's  Yacht  Meteor.  The  selected  items  include  the  bill  of  complaint  and 
brief  for  complainant,  along  with  correspondence  regarding  the  case  and  its  subsequent  appeal 
to  the  U.S.  Circuit  Court  of  Appeals  and  then  to  the  U.S.  Supreme  Court.  Also  selected  is  the 
decision  of  the  appellate  court,  which  reversed  the  decision  of  the  lower  court  and  established  that 
motion  pictures  could  be  protected  in  the  same  way  as  still  photographs  under  the  Copyright  Act 
of  1865. 

Greater  New  York  Film  Rental  Company  v.  Motion  Picture  Patents  Company  et  al. 

Greater  New  York  Film  Rental  Company  v.  General  Film  Company  et  al. 

This  folder  contains  material  pertaining  to  suits  brought  by  the  Greater  New  York  Film 
Rental  Co.  against  the  Motion  Picture  Patents  Co.  (MPPCo)  and  the  General  Film  Co.  in  the  State 
of  New  York  and  in  the  federal  courts.  Other  defendants  included  Thomas  A.  Edison,  Inc.,  the 
Edison  Manufacturing  Co.,  the  American  Mutoscope  &  Biograph  Co.,  and  other  manufacturers 
licensed  by  MPPCo.  The  cases  were  initiated  in  1911  and  1914  and  involved  disputes  over 
licenses  and  allegations  of  monopoly  against  MPPCo  and  the  General  Film  Co.  The  selected 
items  are  primarily  from  a  printed  record  in  the  state  case:  Summons,  Complaint,  Affidavits, 
Injunction  and  Order  to  Show  Cause.  Several  pages  bear  marginal  notations  by  Edison.  Also 
included  are  a  few  letters  regarding  the  eventual  settlement  of  the  federal  suit  by  decree  in  1916. 

Motion  Picture  Patents  Company  v.  Independent  Moving  Picture  Company  of  America 

This  folder  contains  material  pertaining  to  the  suit  brought  by  the  Motion  Picture  Patents 
Co.  against  the  Independent  Moving  Picture  Co.  in  the  U.S.  Circuit  Court  for  the  Southern  District 
of  New  York.  The  case  was  initiated  in  February  1910  and  involved  the  alleged  infringement  of 
Woodville  Latham's  U.S.  Patent  707,934.  The  selected  items  are  from  the  complainant's  record 
and  consist  of  the  index,  bill  of  complaint,  and  testimony  of  William  K.  L.  Dickson. 


Motion  Picture  Patents  Company  v.  Universal  Film  Manufacturing  Company  et  at. 

Jesse  Isldor  Straus  et  at.  v.  Victor  Talking  Machine  Company 

This  folder  contains  two  U.S.  Supreme  Court  opinions  of  April  9, 1917.  The  first  pertains 
to  the  suit  brought  by  the  Motion  Picture  Patents  Co.  against  the  Universal  Film  Manufacturing  Co. 
and  other  defendants  for  infringement  of  Woodville  Latham's  U.S.  Patent  707,934.  The  second 
relates  to  the  suit  brought  by  Jesse  Isidor  Straus  and  other  plaintiffs  against  the  Victor  Talking 
Machine  Co.  Both  opinions  became  legal  precedents,  barring  the  license  agreements  used  by  the 
Motion  Picture  Patents  Co.  and  Thomas  A.  Edison,  Inc.,  to  fix  prices  and  otherwise  limit  the  use 
or  sale  of  their  products.  Both  opinions  contain  marginal  notations,  some  probably  by  Edison. 

Richard  F.  Outcault  v.  Edison  Manufacturing  Company  and  Perclval  L  Waters 

This  folder  contains  material  pertaining  to  the  suit  brought  by  cartoonist  Richard  F.  Outcault 
against  the  Edison  Manufacturing  Co.  and  Perdval  Waters  of  the  Kinetograph  Co.  in  the  U.S. 
Circuit  Court  for  the  Southern  District  of  New  York.  The  case  was  initiated  in  April  1904  and 
involved  the  alleged  infringement  of  Outcault's  copyright  for  his  Buster  Brown  cartoon.  The 
selected  items  include  an  Outcault  cartoon  and  a  description  of  a  motion  picture  based  on  the 
cartoon,  along  with  the  bill  of  complaint  and  affidavits  by  Waters  and  Edwin  S.  Porter. 

Triple  Damage  Suits 

This  folder  contains  material  pertaining  to  damage  suits  brought  against  the  Motion  Picture 
Patents  Co.,  Thomas  A.  Edison,  Inc.,  and  other  licensed  manufacturers  by  the  Chicago  Film 
Exchange,  the  Theatre  Film  Service  of  San  Francisco,  and  other  licensed  and  unlicensed 
exhibitors.  Most  of  the  cases  were  initiated  in  April  and  May  1916,  after  the  federal  government's 
antitrust  case  against  the  Motion  Picture  Patents  Co.  was  settled  by  decree  in  February.  The 
plaintiffs  sought  triple  damages  from  the  defendants  under  the  provisions  of  the  Clayton  Antitrust 
Act  of  1914.  The  selected  items  include  correspondence  by  Edison  and  by  Delos  Holden  and 
Henry  Lanahan  of  the  Legal  Department  concerning  the  defense  and  the  eventual  settlement  of 
the  suits. 


United  States  of  America  v.  Motion  Picture  Patents  Company  et  at. 

This  folder  contains  material  pertaining  to  an  antitrust  suit  brought  by  the  federal 
government  against  the  Motion  Picture  Patents  Co.  The  case  was  initiated  in  1912  in  the  U.S. 
District  Court  for  the  Eastern  District  of  Pennsylvania.  It  was  subsequently  appealed  to  the  U.S. 
Supreme  Court.  The  selected  items  include  the  government’s  original  petition;  testimony  by  Frank 
L.  Dyer  at  hearings  held  in  New  York  City  in  November  1913;  and  memoranda  from  1915  briefing 
Edison  on  the  progress  and  settlement  of  the  suit. 

James  H.  White  and  John  R.  Schermerhorn  v.  Perclval  L.  Waters 

This  folder  contains  material  pertaining  to  the  suit  brought  by  two  Edison  Manufacturing 
Co.  employees,  James  H.  White  and  John  R.  Schermerhorn,  against  Percival  Waters  of  the 
Kinetograph  Co.  The  case  was  initiated  in  the  New  York  Supreme  Court  for  the  County  of  New 
York  in  January  1909  and  involved  kickbacks  and  conflicts  of  interest.  The  selected  items  include 
the  judicial  finding  from  June  1910  against  the  plaintiffs,  along  with  affidavits  subsequently 
collected  by  the  plaintiffs  in  order  to  reopen  the  case  and  clear  their  names.  The  affidavits  are  by 
Alexander  T.  Moore,  the  two  plaintiffs,  and  their  attorney,  Selden  Bacon. 


Legal  Department  Records 
Motion  Pictures  -  Case  Files 

American  Mutoscope  &  Biograph  Company  v. 

Edison  Manufacturing  Company 

This  folder  contains  material  pertaining  to  a  suit  brought  by  the 
American  Mutoscope  &  Biograph  Co.  against  the  Edison  Manufacturing  Co. 
in  the  U.S.  Circuit  Court  for  the  District  of  New  Jersey.  The  case  was  initiated 
in  November  1904  and  involved  the  alleged  infringement  of  Biograph's 
copyright  for  the  film,  Personal.  The  selected  items  include  the  bill  of 
complaint  and  affidavits  by  the  complainant  and  defendant. 


£ 


Bo>C  J% 


'/?/'?/<>< 


United  States  Circuit  Court, 

DISTRICT  OF  NEW  JERSEY. 


AMERICAN  MUTOSCOPE  AND 

BIOGRAPH  COMPANY,.  •  /  In  Equity. 

Complainan ‘ 

EDISON  MANUFACTURING  COMPANY,  ] 

Defendant. 


COMPLAINANT'S  MOTION  PAPERS  AND 
REBUTTING  AFFIDAVITS. 


KERR,  PAGE  &  COOPER, 

.  Counsel  for  Complaint 


I 


Bill  of  Complaint. 


said  defendant  in  accordance  with  the  prayer  of  the 
bill. 

And  let  the  defendant,  or  its  counsel,  serve  copies  of  ■ 
any  pnpors  it  or  they  may  have  to  submit  upon  the 
return  of  this  order  to  show  cause,  upon  complainant’s 
solicitors  on  or  before  Friday,  December  5, 1904.  1  • 

And  let  service  of  n  copy  of  this  order  and  of  the  , 
accompanying  affidavits  upon  the  defendant  nt  Orange, 
N.  J.  on  or  before  the  18th  day  of  November,  1904,. be 
deemed  sufficient  service. 

Dated,  Trenton,  N.  J.,  Nov.  12, 1904. 

Wji.  M.  Lannino, 

U.  S.  Judge. 


Bill  of  Complaint. 

To  THE  HONORABLE  THE  JUDGES  OP  THE  UNITED  STATES 
CIRCUIT  COURT  POU  THE  DISTRICT  OP  NEW. 
Jersey. 

American  Miitoscope  &  Biogruph  Company,  a  cor¬ 
poration!  organized  and  existing  under  the  laws  of  the 
State  of  New  Jersey  and  having  its  principal  place  of 
business  in  tho  City,  County  and  State  of  New  York, 
brings  this  its  bill  of  complaint  against  Edison  Manu¬ 
facturing. Company,  a  corporation  organized  under  the 
laws  of  the  State  of  New  Jersey,  and  a  resident  of  the 
said  State,  and  having  its  principal  place  of  business 
in  the  Township  of  "West  Orange,  in  the  County  of, 
Essex  in  tho  said  State. 

And  thereupon  your  orator  complains  and  says  os 
follows :  , 

I.  That  your  orator  is  now  engaged  in  the  business 
of  making,  exhibiting  and  selling  photographs  repre¬ 
senting  objects  in  actual  motion,  and  that  your  orator, 
under  its  . present:, name, ;or.the  name  under. whiohi  it 


Bill  oi  Complaint.  .? 


was  originally  incorporated,  to  wit,  American  If  oto¬ 
scope  Company,  has  been  engaged  in  the  said  business 
for  upwards  of  eight  years  last  past.  . 

II.  That  on  or  about  the  16tli  day  of  June,  1904,  your 
orator  became,  tho  sole  proprietor  of  a  certain 
photograph  .  entitled  “  Personal  ",  which  said  photo¬ 
graph  was  made  at  your  orator’s  direction  and  expense 
within  tho  United  States  by  a  photographer  in  the' era-  , 
ploy  of  your  orator  upon  a  certain  negative  film,  which  10 
said  film  was  subsequently  developed  and  tlio  photo¬ 
graph  taken  thereon  printed  on  certain  positive  films ; 
and  that  your  orator  thus  became  the  exclusive  owner 
and  proprietor  of  tho  said  photograph  on  or  about 

the  15th  duy  of  June,  1904,  and  boforo  the  same  lmd 
been  published. 

III.  That  on  or  about  the  28th  day  of  June,  1904, 
your  orator  duly  made, application  to  the  Librarian  of 
Congress  for  the  registration  of  a  copyright  on  the  py 
said  photograph  entitled  “  Personal  ”,  and  such  pro¬ 
ceedings  wore  duly  had  by  your  orator  that  on  or 
about  the  29th  day  of  June,  1904,  your  orator  did  se¬ 
cure  a  copyright  of  the  suid  photograph,  pursuant  to 

the  Act  of  Congress  for  securing  copyrights  which 
took  elleot  on  the  8th  day  of  July,  1870,  nnd  the 
amendments  thereto ;  that'  the  said  copyright  was 
duly  issued  to  your  orator  under  the  hand  and  seal  of 
the  Librarian  of  Congress,  and  the  original  record  of 
said  copyright  is  now  in  the  Library  of  Congress.  ;  12 

IV.  that  the  following  is  a  true  copy  of  the  said  pro¬ 
ceedings  for  the  entry  of  the  said  copyright : 

“  Library  of  Congress,  Washington,  D.  0. 

Copyright  Office. 

,  “  Dear  Sir  : — Copyright  entry  has  been  duly  made 
under  date  of  Jun.  29, 1904,  in  accordance  with  your 
application  of  June  28,  /’04,  for  1  title  Personal. 

“  Upon  receiving  this  notice1  your  artiole  can  be  pro¬ 
duced  with  the  statutory  notice  of  copyright.  ‘ 


nwo  copies  addressed :  The  Librarian  of 
Copyright  Offico,  Washington,  D.  0.,  in  £ 
with  the  law. 

“  Respectfully, 

Thouvald  Soldeiio, 

.  Register  of  Cop 

The  Amemcan  Motor  cope  ,t  Biogiiaph  Oo. 

11  East  14th  Street,  New  York,  N.  Y.’ 

.  And  your  orator  has  annexed  to  this  hi 
plaint,  and  makes  a  part  hereof,  a  certificate 
right  of  the  said  photograph  which  is  murke 
plainnnt’s  Exliibit  Copyriglit  Certificate”; 
orator  hegs  leave  to  miike  the  said  original 
copyright,  together  with  the.  said  certificate 
this  bill  of  complaint,  and  to  be  allowed  to  re 


Bill  'of  Complaint. 


is  mounted  or  printed,  the  followiuj 


VII.  That  your  orator  is;  aiwl  ever  since,  the  suid  29t] 
y  of  June,  1904,  has  been,  the  proprietor  of  the  sail 
otograpli,  and  has  exhibited,  published,  sold  am 


VIII.  That  the  suid  photograph  was  tnken  by  m 


vision  of  the  observer,  the  impression 
is  thereby  given  ;  and- that  the  said 
were  taken  on  one  negative  consistin 
of  about  370  foot  long,  and  that  from 
positive  films  of  somewhat  varying  lo 


Bill  ’  of'  Complaint. 


6 


21 


man  is  overtaken 


asion  who  ure  so  importunate  in 
■at  ho  i’b  forced  lo  flee,  and  does  run 
with  the  .  women  in  close  pursuit, 
estlio  chase  is  depicted  across  the 
i  situations  until  at  last  the  French- 


Bill  of  Complaint. 


I  rights  thereunder,  to  your .  orator,  the  defendant 
dison  Manufacturing  Company,  well  Uuowing  the 
•omises  and  knowing  of  your  orator's  copyright,  and 
illfully  disregarding  your  orator's  rights  in  the  prem- 
es,  did,  subsequent  to,  the  29tli  day  of  June,  1904, 
id  nrior  to  the  commencement  of  tin  nit,  without 


iblish  and 

e,  and  did  sell  at  its  place  -  of  business  at 
Irangej  in  the  County  of  Essex  and  State 
aey,  and  elsewhere  within  the  United 
s  of  Baid  photograph  copyrighted  ns  set 
r  orator,  under  the  title  of  “  How  a  French 
lot  a  Wife  Through  the  New  York  Herald  27 
Columns",  or  other  title  or. titles  of  like 


XIII.  That  by  i 
graph-entitled  "J 
through  the  Nev 


Bill  of  Complaint. 


Bill  ;of  Goffipliiint. 


the ’defendant  linn  imitated  tlio  said  photograph  pro 
tooted  by  copyright  to  your  orator,  anti  that  such,  soli 
of  the  same  is  calculated  to  deceive  and  defraud  the 
pnuho,  naturally  has  and  still  does  mislead  the  public 
loca  so  thocopms  thereof  so  sold  by  the  defendant 
contain  the  same  viows  and  produce  the  shmo  offoets 
ns  the  said  photograph  owned  and  copyrighted  by 
your  orator,  greatly  to  the  diminution  of  your  orator's 
SftHl  business  and  profits. 

,  ,XIy-  ^  hy'renson  of  the  premises  and  the  wrong- 
1  acts  of  tho  defendant  aforosaid  your  orator  has’ 
“'I'™  t0  “mount  of  three  thousand  dollars 
miS  (  n,ld  ‘V,  l  b?lnK  inj',,rdtl  l,y  «'«  continued 
publication  and  sale  by  tho  defendant  of  the  said 
photograph,  although  the  defendant  was  duly  notified 
by  your  orator  and  was  well  aware  a  long  time  prior  to 
the  commencement  of  this  notion  that  the  said  photo- 
graph  had  been  copyrighted  by  your  orator;  and  the 
said  defendant, ;Breatly  to  the  injury  of  your  orator, 
has  thereby  unjustly  and  unlawfully  made  and  still 
makes  great  gains  and  profits  which  belong  by  right’ 
and  according  to  law  to  your  orator.  .  y  8 


- - -  ?a 

Court  to  nccouut  for  aud  pay  over  to  yoiir  orator  the 
gains  and  profits  whioh  have  accrued  to  or  been  re¬ 
ceived  by  tho  defendant  by  reason  of  the  nforesnid  un¬ 
lawful  acts,  aud  all  such  gains  and  profits  ns  would 
have  noerned  to  your  orator  but:  for  the  unlawful  doings 
of  the  said  ‘dofon'dnnt,  and  all  damages  which  your 
orator  lias  sustained  thereby. 

,  2.  That  the  said  defendant  bo  compelled  by  an  order 
of  this  Court  to  deliver  up  to  your  orator  all  the  copies  34 
of  the  said  .copyrighted  photograph  and  all  negative" 
films  thereof  in  the  possession  of  the  defendant  or  its 
representatives. 

3.  That  the  said  defendant,  Edison  Manufacturing 
Company,  its  oIHuers,  agents,  servants,  workmen,  em¬ 
ployees  and  attorneys  may  be  perpetually  enjoined 
and  restrained  by  a  writ  of  injunction  issued  out  of  und 
under  the  seal  of  this  Honorable .  Court,  from  directly 
or  indirectly  making  or  oausing  to  be  made,  using  or  35 
causing  to  be  used,  selling  or  causing  to  be  sold  any 
copies  of  your  orator'B  said  copyrighted  photograph 
not  purchased  from  your  orator. 


Coni'  AUVu^1'.0r'lt01'  In'C3ent3'to  Bouorabl, 
Court  ns  exhibits  m  connection  with  this  bill  one  o 
the  said  photographs  copyrighted  as  aforesaid  by  you; 
orator  and  owned  by  your  orntor,  which  is  marked  a; 

one  end  “Complainant’s  Exhibit  Copyrighted  Photo- 

graph  and  contained  in  a  metal  box  marked  “  4mori- 
can  Mutoscopo  .fe  Biograph  Co.,  New  York,  No.  2934 
3071  foot  lengths,  and  also  labeled  “#2934  S  Per¬ 
sonal  ;  and  also  the  infringing  photograph  mahu- 
factmcdnnd  sold  as  aforesaid  by  the  defendant  which  is 
marked  Complainant  s  Exhibit  Defendant’s  Film." 

XVI.  Your  orator  therefore  prays ; 

p  !•  Tlnit  the  said  defendant  Edison  Manufacturing 
Company  may  be  required  by  decree  of  this  Honorable' 


•4.  That  this  Honorable  Court  grant  unto  your  orator 
an  injunction  pcndaife  lite  issuing  out  of  and  under  the 
seal  of  this  Court  enjoining  aud  restrniuing  the  said 
Edison  Manufacturing  Company,  its  officers,  agents, 
servants,  workmen,  employees  aud  attorneys  in  the 
same  manner  and  to  the  same  effect  as  heretofore  gg 
prayed  for  in  regard  to  a  perpetual  injunction. 

5.  That  the  said  defendant.  Edison  Manufacturing 
Company,  may  be  required  to  mako  n  full,  direct  and 
true  answer  (not  however  under  outh,  which  is  hereby 
expressly  waived)  to  the  mutters  hereinbefore  alleged 
as  if  the  said  defendaut’had  boeu  specifically  inter¬ 
rogated  ns  to  euoh.  : 

p.  That  your  Honors  grant  unto  your  orator  a  writ 
of  subpoena  ad  respondendum  issuing  out  of  and  under 


Bill  of  Complaint. 


67  '  ■" - — - - - - - 

the  seal  of  this  Honorablo  Court  dirootod  to  the  said 
defendant,  Edison  Manufacturing  Company,  demand¬ 
ing  it  to  appear  and  answer  to  tlid  said  bill  of  com¬ 
plaint,  and  to  abide  by  such  orders  and  decrees  herein 
as  to  this  Court  may  seem  just,  and  as  the  equity  of 
the  case  may  require. 

7.  That  the  said  defendant,  Edison  Manufacturing 
Company,  may  be  deoreod  to  pay  the  cost  of  this  suit, 
38  and  thnt.your  orator  may  have  suoh  other  and  further 
relief  as  the  equity  of  tho  case  may  require. 

Amemioan  Mutosoope  &  Bioomapii  Co., 

By  Hamby  N.  Mamvin 

President. 

IiEim,  Page  &  Ooopkm,  . 

Solicitors  for  Complaiunut. 

Dubby  W.  Coopeii, 

Of  Counsel. 


State  of  New  Yohk,  )  „„ 

County  of  New  York,  j  88  : 

Hamby  N.  Mamvin,  being  duly  sworn,  deposes  tind 
says  that  he  is  President  of  tho  American  Mutosoope 
*  Biograph  Co.,  the  complainant  named  in  the  fore¬ 
going  bill  of  complaint;  that  ho  lias  road  the  same 
40  and  knows  the  contents  thereof  to  bo  true  except  ns  to" 
those  matters  stated  to  be  alleged  on  information  and 
belief,  and  as  to  those  matters  he  believes  it  to  be 


Subscribed  and  sworn  to  be¬ 
fore  me  this  11th  day  of 
November,  1904. 


Hammy  N.  Mamvin.' 


H.  J.  Collins 


(SEAL)  ;  Notary  Publio,  82 


Affidavit  of  Frank  J. 

■State  of  New  Yonn,  f 
County  of  New  York. )  88  : 

Fmank  J.  Mamion,  having  been  iii 
posos  and  says  as  follows : 

I  nm  of  mature  ago  and  reside  i 
hud  am  employed  by  the  American 
graph  Company  ns  manager  of  the 

One  of  the  duties  of  my  position 
give  my  personal  attention  is  the 
rights  of  photographs  owned  by 
pursuance  of  this  duty  I  mailed  tc 
OougrosB  on  tho  28th  day  of  June,  1 
a  photograph  or  reproduction  of  u  si 
tbgothor  with  the  title  “  Personal  " 
copyright  fee,  with  a  letter  in  the  or 
pared  and  prescribed  by  the  Librni 
requesting  him  to  record  the  said  oo] 

In  due  course  of  mail,  and  within  i 
three  days  thereafter,  I  recoived  fro 
Congress  an  acknowledgment  in  th 
the  receipt  of  tho  application  and 
copyright  entry  had  boon  duly'  mo 
June  29,  1904. 

The  photograph  sent  as  above 
hy  Wallace  MoCutcheon,  a 
tlie  employ  of  "  the  Amoricu 
Biograph  Company,  on  a  strij 
celluloid  film  about  370  feet  long, 
more  than  5000  views,  tho  impressio 
taken  at  a  very  rapid  rate.  The  see 
specially  prepared  for  at  the  studio 
Company.  For  this  purpose  specii 
were  employed  to  enaot  the  parts'  of 
the  scones,  and  after  the  photog 


3?v  iT.  Mairiori. 


IY»T.  Marion. 


carefully  designed  and  relioarsed  before  the  pioture 
could  be  taken,  and  after  the  photograph  was  obtained, 
matching  of  the  successive  impressions  to  pro’duoe  the 
desired  effeot  required  groat  skill  and  experience.  So 
that  most  expert  and  skillful  employees  are  required 
not  only  for  the  preparation  of  such  soeues  as  were 
thus  depicted,  but  the  obtaining  of  the  photograph  and 
the  finishing  of  the  film  likewise  involves  great  expense 
and  highly  skilled  labor. 

1  The  negative  for  tlio  photograph  entitled  "  Personal " 
was  tukeu  by  a  series  or  mnohino  camera,  and  repre¬ 
sents  the  scene  sot  forth  in  paragraph  IX  of  the  bill  of 
oomplniut.  I  attach  hereto  a  copy  of  an  advertising 
bulletin  descriptive  of  this  film  wh'ioh  was  issued  by 
tlio  American  Mutoscope  &  Biograph  Co.  on  August 
15,  1904,  and  I  mark  it  “  Complainant’s  Exhibit  De¬ 
scription  of  Film 

This  photograph,  or  series  of  impressions,  when  it 
has  passod  through  a  suitable  exhibiting  muohino  and 
as  a  succession  of  impressions  thrown  upon  u  screon; 
produces  a  perfect  illusion  in  a  lifelike  maimer  of 
the  scene  and  notions  intended  to  bo  represented.  It 
has  met  with  groat  popular  success  and  is  in  groat 
demand  by  exhibitors. 

The  photograph  was  not  published  until  after  the 
receipt  of  the  notice  from  the  Librarian  of  Congress 
that  the  copies  had  been  filed  and  the  copyright  re¬ 
corded.  The  films  bearing  said  photograph  before 
being  published  or  sold  have  boon  stamped  uonr  ore 
end  with  the  following  inscription:  “Copyrighted' 
1JU4  by  the  American  Mutoscope  &  Biograph  Co."  It 
was  the  intention  of  the  American  Mutoscope  ,fc  Bio- 
gruph  Co.  not  to  sell  this  “  Personal  ”  film,  but  to  rent 
it  only  for  use  in  theatres  and  the  like,  and  had  there 
been  no  infringing  copy  made  that  plan  would  have 
been  followed,  and  it  would  have  made  us  a  greater' 
and  more  lasting  revenue  from  the  copyrighted  prop- 

Bul  aboufc  tb°  of  August,  1904,  my  attention  was 
directed  to  the  fact  that  the  Edison  Manufacturing 


Company  was  advertising  for  sale  a  film  entitled  “How 
a  Frenoh  Nobleman  Got  a  Wifs  Through  the  New 
York  Herald  ‘  Personal  ’  Columns  I  had  known  be- 
foro  that  that  the  Edison  Company  was  endeavoring  to 
.  purohnse  one  of  our  films,  suoh  attempt  having  boon 
made  by  Mr.  Waters,  an  agent  of  that  company, 
through  Mr.  Steiner  of  the  firm  of  Palsy  &  Steiner,  at 
No.  40  West  ‘28th  Street.  Mr.  Steiner  made  applica¬ 
tion  to  the  Amorican  Company  for  a  copy  of  the  film, 
but  was  told  that  it  was  not  for  sale,  boing  restricted  50 
to  uso  in  our  biograph  inaohiuos  in  tlio  various  the¬ 
atres  whore  they  are  used.  The  film  was  then  on  ex¬ 
hibition  in  the  Biographs  nt  tlio  Keith  Theatres  in 
Now  York,  Boston,  Providence,  Philadelphia,  and  in 
other  theatres  ns  well. 

In  tho  issue  of.  September  17th  of  the  New  York 
Clipper  tho  Edison  Manufacturing  Coinpnny  advertised 
tho  sale  of  the  film  as  a  whole:  Later,  in  the 
issuo  of  October  8th  of  the  same  periodical,  it  ad-  ' 
vertised  the  film  for  sale  in  whole  or  in  51 
separate,  parts.  I  append  hereto  copies  of  the  said 
advertisements  marked  respectively  “  Edison  Company 
Advertisement  No.  1  ”  and  “  Edison  Company  Adver¬ 
tisement  No  2  ”.  I  caused  a  copy  of  the  Edison  film 
so  entitled' to  bo  bought,  and  I  recognize  that  which  is 
identified  in  the  bill  of  complaint  as  “  Complainant’s 
Exhibit  Defendant’s  Film  ’’  as  being  tho  one  so  pur¬ 
chased  from  the  Edison  Manufacturing  Company.  I 
also  recognize  the  film  marked  “  Complainant’s  Ex¬ 
hibit  Copyrighted  Photograph  ’’•  as  one  of  tho  films  '52 
mado  by  us  uud  copyrighted  us  above  set  forth.  Both 
of  theso  aro  positive  films  ready  for  exhibition  or  other 
publication. 

After  Edison  first  begun  to  advertise'  the  infringing 
film  we  decided  that  it  would  be  necessary  for  us  to 
sell  too,  in  order  to  compete  with  him.  We  therefore 
established  the  price  of  15  cents  a  foot  for  the  film, 

And  he  soon  after  cut  tho  price  to  12  cents.  In  this 
way  groat  damage  is  done  us.  But  besides  this,  other 
special  damage  arises  out  of  this  infringement,  for  the 


14  jy..JT.  Marion. 


matter  of  tho  infringement  was  at  once  brought  to  the 
attention  of  the  Edison  Manufacturing  Company 
through  our  attorneys  Messrs.  Kerr,  Page  &  Cooper, 
and  every- effort  was  made  to  secure,  by  friendly  means, 
their  withdrawal  of  the'  infringing  film,  but  without 
avail.  Our  copyrighted  film  hud  been  so  great  a  suc¬ 
cess  aiid  was  so  well  known  that  when  the  Edison  film 
coutinuod  to  be  sold  without  interruption  it  tended  to 
induce  olliorBulso  to  infringe.  In  the  issue  of  tlio  New 
64  York  Clipper  for  November  5th  appeal's  an  advertise¬ 
ment  of  S.  Lnbiu  of  Philadelphia,  Pa.,  of  the  “  Per¬ 
sonal  ”  film.  Lubin  has  been  a  persistent  infringer  of 
the  copyrighted  films  of  others,  und  suitsnre  now  pend¬ 
ing  by  us  on  copyrighted  films  against  him. 

I  offer  as  an  exhibit  for  use  in  connection 
with  this  affidavit  the  Certificate  of  Copyright  of  the 
photograph  “Personal"  and  mark  it  “Complainant’s 
Exhibit  Certificate  of  Copyright."  I  also  offer  the 
communication  from  the  Begister  of  Copyrights  dated 
66  June  21),  11)04,  a  copy  of  whioli  is  embodied  in  the  bill 
of  complaint,  and  I  mark  the  original  “  Complainant’s 
Exhibit  Notice  of  Entry.” 

On  November  9,  1904, 1  had  a  conversation  with  Mr. 
Percy  Waters,  the  agent  of  the  Edison  Manufacturing 
Company,  at  the  offico  of  that  company  No.  41  East 
41st  Street,  New  York  City,  in  the  course  of  which  Mr. 
Wnters  said  to  me,  as  nearly  us  I  can  remembor  his 
words :  “  We  would  not  have  copied  your  Personal'  film 
if  we  had  not  been  forced  to  do  it.  I  had  received 
66  letters  from  eight  or  nine  managers  demanding  the 
film.  It  wns  up  to  us  to  supply  it  or  lose  tho  business, 

•  and  inasmuch  ns  you  would  not  sell  it  to  mo,  wo  had 
to  get  one  the  next  best  way.  It  has  proven  one  of 
the  best  films  I  havo  ever  used.  In  several  houses  it 
ran  three  weeks."  I  said  to  Mr.  Waters  :  “  This  is  a 
rather  dumhging  admission  for  you  to  make  to  me  be¬ 
cause  it  will  undoubtedly  be  used  against  you  in  a  suit 
we  are  about  to  bring  against  the  Edison  Company.*' 
Mr.  Waters  replied:  “I  cau’t  help  that,  facts  are 
facts.”  Mr.  Waters  is,  as  I  understand  it,  the  agent  in 


E,  J.-  Marion.  16 


charge  of  the  New  York  office  of  tho  Edison  Manufact¬ 
uring  Company.  Ho  appears  to  be,  and  is  treated  as 
being,  in  authority,  at  its  New  York  office. 

Prank  J.  Marion. 

Subscribed  and  sworn  to  bo-  ) 
fore  me  this  11th  day  of  > 

November,  1904.  ) 

H.  ,T.  Collins, 

.  [Seal.]  Notnry  Publio,  82. 

68 


Complainant’s  Exhibit  Notice  of  Entry. 

LiBBAnY  of  Congress,  Washington,  D.  0. 
Copyright  Office. 

DEAn  Sin  : — Copyright  entry  1ms  been  duly  made 
under  date  of  Jun.. 29,  1904,  in  accordance  with  your 
application  of  June  28,  /’04  for  1  title  Personal.  69 

Upon  receiving,  this  notice  your  article  can  be  pro¬ 
duced  with  the  statutory  motive  of  copyright. 

Should  a  certificate  of  copyright  be  desired,  please 
remit  for  each  entry  the  legal  fee  of  50  cents. 

The  law  requires  that  two  copies  of  tho  best  edition 
of  each  article  copyrighted  shall  be  sent  to  the  Library 
of  Congress.  If  you  have  not  already  done  so,  when 
your  work  is  printed  or  otherwise  produced,  send  two 
copies  addressed  :  The  Librarian  of  CongresB,  Copy¬ 
right  Office,  Washington,  D.  O.,  in  compliance  with  60 
the  law. 

Bespectfully, 

Thobvald  Solberg, 

Begister  of  Copyrights: 

The  American  Mutoscope  &Biograph  Co., 

11  East  14th  Street,  New  York,  N.  Y. 


lC  3?:  J.  ilarioii; 


Complainant’s  Exhibit  Certificate  of 
Copyright. 

Class  H  XXc. 

1904,  No.  47028.  , 

Library  of  Congress,  to  wit : 

Be  it  hememjiehed,  ‘ 

That  on  tlio  twenty-ninth  day  of  June,  1904;  AmorU 
92  can  Mutoseope  and  Biograpli  Company,  of  Now  York, 
N.  X.,  hath  deposited  in  this  Offico  the  title  of  a  photo¬ 
graph  tho  title  of  which  is  in  the  following  words,  to 
wit :  Personal,  tho  right  whereof  it  olnitns  ns  pro¬ 
prietor  in  conformity  with  the  laws  of  the  United 
States  respecting'  Copyrights. 

•  ■  ■  Hebbeiit  Putnam, 

Librarian  of  Congress. 

i  By  Thobvald  Solbebg, 

Register  of  Copyrights. 

63  Office  of  the  Register  of  Copyrights, 

Washington,  D.  0. 

■  I  hereby  certify  that  the  foregoing  is  a  true  copy  of 
the  original  record  of  copyright.  Xu  Witness  Whereof, 
the  seal  of  the  Librarian  of  Congress  has  been  hereto 
affixed  this  eighth  day  of  September,  1904. 

Hebbebt  Putnam, 

Librarian  of  Congress. 
By  Tiiobvald  Solbebo, 

94  (Seal)  Register  of  Copyrights. 

Office  of  the  Register  of  Copyrights, 

Washington,  D.  C. 

Form  D. 

From  April  5, 1899,  to  Dee.  31, 1900. 

,  Written  A.  J.  , 

Revised,  J.  W.  J. 


.  FZ  J.  Marion.  17 

~  66 

Complainant’s  Exhibit  Edison  Co.,  Adv. 

No.  1. 

676  The  New  York  Clipper.  September  17. 

Send  for  Net  prices 

new  film  pocket  edition,  Class  A  films,  16  cents 

No.  226.  per  foot. 

New  film  supplement  No.  220.  Class  B  films,  12  cents  gg 
Edison  Exhibition  Kinet-  .  per  foot, 

oscope,  $115.00  Edison  Universal  Kinet- 

osoopo,  $76.00 

Edison  Films 
Latest  Feature  Subjeets : 

Two  Pronounced  Hits : 

European  Rest  Cure.  How  a  Frenoh  Nobleman  Got 
a  Wife  Through  the  New  York 
Herald  "  Personal  ”  Columns. 
Excruointingly  Funny,  Fine 
Photographically.  The 
“  Personal  ”  actually  ap¬ 
peared  in  The  N.  Y.  Herald 
of  Aug.  25th,  1904.  676  ft.  A. 
Edison  Manufacturing  Co. 

Main  office  and  factory,  Orange,  N.  J. 

New  York  Office  :  83  Chambers  St.  Cable 
Address,  Kurilian,  New  York. 

Office  for  United  Kingdom  :  26  Clerkenwell 

Road,  London,  E.  C.,  England.  bH 

Selling  Agents : 

The  Kinetogrnpli  Co.,  41  E.  21st  St.,  New  York. 

Peter  Bacigalupi,  786-788  Mission  St., 

San  Franoisco,  Cal. 


Hi'N..Mai>vin.  !9' 


*'■  Through  the  Woods  ”,  75 .  It ;  "  The  Bail  Fence”,' 
T10  ft.  ;  i  “Down  the  Pike  ”,  65  ft: ;  “  Caught  at'  Last  ”, 
95  ft,  ■,  , 

•  Edison  Manufacturing  Co.. 

Chicago  Ofliue,  304  Wabash  Avenue.' 

:  Main  Office  and  faotory,  Orange,  N.  J.. 

New  York  Office:. 88  Chambers  St„  Cablo.  address,, 
Knrilinu,. New  York. 

Office  for  United  •  Kingdom :  25  Oleikenwell  Bond, 
Loudon,  E.  0... England. 

.  ■  .  Soiling  Agents:. 

The  Kinetograpli.  Co. ,  41 E,  21st  St.,  Now  York. 

•  Peter  Baeigalnpi,  786-788  Mission  St.,  San  Fran- 
cisco,  Cal.  , 


Affidavit  of  Harry  N.  Marvin. 

Static  op  New  Yoiik,  J 
County  of  New  York.  $  88 ' 

Hahiiv  N.  Makvin,  being  duly  sworn,  deposes  and 
S(vys  as  follows : 

:  I  am  of  mature  age  and  reside  in  New  York  City. 
I  am  President  of  the  American  Mutoscope  &  Biograph 
Company  above  named.  I-  attach  hereto  as  oxhibits 
tho  certificate  of  organization  of  the  Ainorican  Mnto- 
scope  Company,  tho  certificate  of  change  of  name  of 
American  Mutoscope  Company  to  American  Muto- 
scopo  &  Biograph  Company,  mid  tho  certificate  of  the 
incorporation, of  the  Edison  Manufacturing  Company, 
and  mark  them  respectively  “  Complainant’s  Exhibit 
Complainant’s  Charter  ”,  “  Complainant’s  Exhibit  Cer¬ 
tificate  of  Change  of  Name  ”  and  •“  Complainant’s  Ex¬ 
hibit  Defendant’s  Charter  ”.  My  company,  under  its 
present  name  and  under  the  name  used  for  it  when 
incorporated,  has  been  foi"  about  eight  years  past  on- 
gagpd  in  the  business  of  making,  using  and  selling 
photographs:  representing  ..objects  in  actual  motion:. 


ff;  N.  Marvin. 


For  carrying  on  that  business  the  said  conipahy.maiu- 

tains  in  New  York  City  a  salesroom  and  Btudio.  Its! 

studio  lias  beeu  fitted  up  at  very  large  expense  with  all 
tbo  appliances,  .apparatus  and  ,  materials  for  the, pro¬ 
duction  of.  photographs  of  the  kind  described'.  In  pro¬ 
ducing  them  it. is  necessary  to  provide  not  only  the 
photographing  apparatus  and  materials  aud  to  employ 
skilled  and  experienced  artists  for  the  manipulation  of 
the  apparatus,  but  also  to  maintain  a  complote  theatrical 
and  stage  equipment  and.  setting  for  scenes  to  be  de¬ 
picted,  together  with  competent  actors  nud  pnn- 
tomimists  to  enact  the  scones  sought  to  be  photo¬ 
graphed,  in  addition  to  which  we  employ  at  large 
salaries  skillful  assistants  for  the  conception,  .arrunge- 
mont,  sotting  and  rehearsal  of  the  scones  to  be  pro¬ 
duced,  Besides  the  studio  whioh  we  maintained  for  this 
purpose,  and  which  is  really  a  small  theatre  with  all 
the  accessories  aud  uppliances,  we  have  facilities  for 
enacting  and  photographing  scenes  out  of  doors  at 

<9  points  aud  places  of  popular  interest,  some  of  which 
represent  novelties,  such  as '  the  launching  of  vessels' 
and  the  like,  while  in  other  cases  we  have  pantomimes 
specially  enacted  in  places  either  of  popular  interest 
or  of  great  natural  beauty.  The  maintenance  of  ah 
establishment  for  conducting  a  business  or  this  sort  is 
necessarily  very  expensive.  When  the  photographs 
are  taken  and  reproduced  for  uxlubition  we  rent  the 
filniB,  or  sell  them,  or  both,  for  exhibition  all  over  the 
country. 

80  ■  In  order  to  get  some  adequate  return  for  this  groat 

outlay  we  copyright  substantially  all  of  our  films  and 
endeavor  to  comply  with  the  statutory  requirements 
both  ill  regard  to  registration  and  to  giving  notice  to 
the  public  of  our  rights  ;  thus  on  every  copy  of  a  copy¬ 
righted  film  wo  stamp  notice  in  these  words,  “  Copy¬ 
righted  by  the  American  Mutoscope  &  Biograph  Co.”, 
together  with  the  year  of  registration.  It  is  our  cus¬ 
tom,  as  in  the  case  of  tho  “Personal”  film,  to  stamp 
this  notice  on  the  substance  of  the  film  and  in  a  visible 
and  conspicuous  place  near  tho  front  end  thereof. 


•  Hi  N.  Marvin. :  2V 


■  I  am  the  same  Harry  N.- Marvin  who  oxeouted  the 
bill  of  oomplaint  herein,  nud  I  confirm  all  that  is  said 
there,  and  offer  that  ns  an  affidavit  for  use  .  n  the 
motion  for  preliminary  injunction  which  I  understand 
is  about  to  be  brought  against  tho  defendant  restrain¬ 
ing  it,  during  the  pendency  of  this  suit,  from  further 
infringing  our  copyright.  I  have  road  the  affidavit  of 
P.  J.  Marion  and  confirm  all  that  he  says.  The 
facts  stated  by  him  are  within  my  personal 
knowledge,  exuopt  ns  to  conversations  which  he  had,  82 
and  as  to  these  I  beliovo  what  ho  says : 

The  film  hero  in  question,  tho  “  Personal  ”  film,  has 
been  a  very  popular  one,  drawing  grout  attention,  and 
for  a  time  it  brought  us  large  returns.  With  the  com¬ 
mencement  of  tho  Edison  Company’s  infringement, 
however,  our  profits  fell  off,  and  we  have  been  com¬ 
pelled  to  compote  with  it  just  as  though  no  copyright 

The  scenes  which  are  enacted  on  our  copyrighted 
“  Porsonul  ”  film  were  specially  created  and  designed  S3 
under  the  direction  of  Mr.  Muriou. by  our  employees. 

The  photographing  was  douo  on  Julio  8-15,  1904,  by 
Mr.  McOutclieon,  one  of  our  employees,  with  a  ma¬ 
chine  camera  specially  designed  and  protected  by 
letters  patent,  und  all  of  these  mattors  contributed  to 
tho  great  expense  incident  to  the  creation  of  this  film. 

The  action,  so  to  spoak,  of  tho  photograph  is  centered 
about  Grant’s  Tomb,  that  being  a  place  of  chief  interest, 
aud  without  that  thero  would  bo  neither  point  nor 
moral  to  the  talo  exemplified  in  the  photograph.  It  is  84 
this  purt  in  particular  that  tho  Edison  Company  has 
chosen  to  copy  most  closely. 

■  In  our  business  we  nro  constantly  producing  films  of 
generally  similar  character  to  this  one,  and  substan¬ 
tially  all  of  them  are  being  copyrighted.  Unless  strict 
respect  be  paid  to  the  copyrights  our  busiuess  will  be 
greatly  lessened  and  irreparable  injury  done  us.  In 
the  present  cuse  the  film  whioh  should  have  returned 
us  many  thousands  of  dollars  has  probably  not  earned  • 
half  of  wbat  it  would  have  done  had  not  the  Edison 


Company  infringed  onr  copyright..  The  public  with 
whom  'we  deal  have  been  tanghtj  so  far  ha  wo;oould  doi 
ao  by  notice  nnd  thodiko,  to  roapeot  copyriglita  of  this' 
ohnvnotor.  If  it  be  found  that  they  are'  boing  infringed) 
with  impunity,  as  in  the  present  caso  particularly,  (for- 
this  is  an  unusually  well-known  film)  tboBo  who  have) 
heretofore  used  our  films  will  bo  induced  to  take' in-' 
fringing,  copies  of  them,  which  naturally  can  be  made 
at  much  less  expense  than  ours.  - 

Hahiiv  N.  Marvin. 

Subscribed  nnd  sworn  to  be¬ 
fore  mo  this,  11th  day  of 
November,  1904. 

H.  J.  Collins 

(Seat.)  Notary  Public,  82 


Affidavit  of  Drury  W.  Cooper. 

State  of.  New  York,  )  . 

County  of  Now  York.  J  8S 

Drury  W.. Cooper,  being  duly  sworn,  deposes  and 
Bays  as  follows  : 

I  am  an  attorney  and  counsellor-at-law,  and  a  mem¬ 
ber  of  the  firm  of  Kerr,  Page  &  Coopor,  counsel  to  the- 
American  Mutoscope  &  Biograph  Company.  The 
matter  of  tlio  infringement  of  that  company’s  “  Per¬ 
sonal  ’’  film  copyright  was  brought  to  our  attention 
toward  the  end  of  August  of  the  present  year,  nnd  the 
infringement  seemed  so  palpable  that  it  occurred  to  us 
at  once  that  it  may  have  been  inadvertent.  Not  desir¬ 
ing  to  involve  our  client  in  litigation  if  it  could  bo 
avoided,  wo  called  the  matter  to  the  attention  of  Mr. 
Prank  Tj.  Dyer,  of  Orange,  N.  J.,  counsel  to  the  Edi¬ 
son  Company, .and  laid  the  subject  fully  before  him.  ’ 
Considerable,  correspondence  passed  between  us  and 
Mr.  Dyer,  and. we  had  several,  interviews  with,  him,  all. 


.  D.iW.-'Ooopor. 


looking  toward  the  settlement  of  .  the  matter,  but  it 
remained  opou  and  unadjusted  until. a  few  days  ago 
whan  Mr.  Dyer  notified  us,  both  by  letter  nnd  orully, 
that  settlement  could  not  be  elfocted.  At  the  >  time  of 
receiving  that  notification  I  was  engaged  in  tlie-aross- 
examination  of  aii  expert  witnoss  in  uu  equity  suit  on 
u  patent  and  my  time  was  occupied  for  severs1  days 
thereafter  with  that  matter  and  with  the  preparation 
of  a  motion  for  preliminary  injunction  in  nnothercuse.  . 
As  soon  ns  tlioso  matters  wore  disposed  of  and  I  was 
■  able  to  havo  a  full  oxohnnge  of  views  with  representa¬ 
tives  of  my  client,  I  took  up  tho  preparation  of  the 
.phpors  in  this  case. 

There  has  been  no  intention  on  our  part  to  delay 
-tho  ussortion  of  our  rights,  but  throughout  tho  whole 
■negotiation  with  the  Edison  Company’s  reprosentn- 
.  tivos  we  have  insisted  upon  them  ;  although  the  nego¬ 
tiations  were  somewhat  prolonged.  That  was  duo 
partly  to  tho  occasional  absences  of  one  or  the  other 
of  the  parties  to  tho  negotiation  from  their  place  of 
.business  on  vacations  and  the  like,  and  partly  to  the 
time  necessarily  consumed  iu  referring  matters  from 
;  counsel  to  client  and  back  again  to  opposing  counsel. . 

:  Drury  IV.  Cooper. 

Subscribed  and  sworn  to  be- ) 
fore  mo  this  lltli  day  of  > 

^November,  1904.  ) 

.......  M.  Lawson  Dyer, 

,  [seal.]  Notary  Public  (70), 

N.  Y.  Co., 


Rebuttal  Affidavit  of  Frank  J.  Marion. 


Frank  J.  Maiiion,  being  duly  sworn,  deposes  and 

I  am  tlie  same  Frank  J.  Marion  who  lias  made  uffi- 
34'  davit  in  this  ease.  I  have  rend  what  I  am  credibly  in¬ 
formed  and  believe  are  copies  of  affidavits  to  be  sub¬ 
mitted  on  behalf  of  the  defendant  and  executed  re¬ 
spectively  by  Thomas  A.  Edison  on  December  3rd, 
•  Alexander  T.  Moore,  on  December  2nd,  Edwin  S.  Por¬ 
ter  on  December  3rd  and  Peroivnl  L.  Waters  on  De¬ 
cember  fitli.  1  have  visited  u  number  of  times  the 
office  of  the  Edison  Manufacturing  Co.  which  is  at  No. 
41  East  21st  Street,  New  York  City,  and  I  beliovo  that 
Mr.  Waters  is  the  agent  in .  charge  of  that  office,  and 
36  that  he  is  the  person  in  .authority  there.  On  the  \  out¬ 
side  '  of  the  building  is  the  sign  “  Edison  Mfg.  Co., 
Kinetoscope  &  Film  Dep’t.”  On  tlie  elevator  door  at 
the  floor  on  which  Mr.  Waters  has  his  office  is  the  sign 
“  The  Edison  Mfg.  Co.  Film  Dep’t  nnd  Kinetogrnph 
Co.”  On  the  hall  door  of  the  office  where  Mr.  Waters 
has  his  desk,  and  of  which  he,  is  solo  occnpnnt,  is  the 
sign  “  The  Edison  Mfg.  Co.  Projecting  Kinetoscope 
and  Film  Dep’t.  Kinetogrnph  Co."  Mr.  Wnters  name 
does  not  appear  on  the  building,  elevator  door  or 
96  hall  door.  Mr.  Edwin  S.  Porter  is  also  an  acquaint¬ 
ance  of  mine,  and  ho  seems  to  act  under  the  direction 
of  Mr.  Waters.  Mr.  Porter’s  office,  or  so-called  studio, 
is  run  in  connection  with  Mr.  Waters’  office  at  41  East 
21st  Street,  above  referred  to. 

I  observe  that  Mr.  Edison  states  in  his  affidavit  that 


righted  photograph  of  ours  entitled  “  Animated  Pict¬ 
ure  Studio”.  That  it  was  sued  in  the  above  entitled 
Court  for  that  infringement,  the  case  being  entitled  the 
lame  ns  the  presont  one,  and  that  no  opposition  was 
made  to  the  entry  of  a  decree,  whioli:  was  dated  about 
Tune  13,  1904,  in  pursuance  Of  which  an  injunction 
issued  aiid  was  served.  Another  case,  similar  to  that_ 
just  mentioned,  occurred  recently.  By  assignment 
from  one  Giunnoud,  this  compnuy  became  the  pro¬ 
prietor  of  a  photograph  entitled  “  Three  Little  Maids  ” ; 
this  was  copyrighted  by  uS  on  July  13,  1904.  On 
October  29,  1904,  the  Edison  Mfg.  Co.  advertised  in 
tho  Now  York  Clipper  the  sale  of  the  same  film.  My 
best  information  is  that  the  foreign  agents  of  the 
Edison  Company  secured  an  original  of  this  film  and 
sent  it  over  to  the  defendant  who  made  a  duplicate' 
negative  therefrom, '  from  whioli  negative,  positive' 
copies  were  made  for  use  and  distribution.  _ 

In  the  affidavit  of  Mr.  Porter,  taken  on  behalf  of  tho 
defendant,  it  is  stated  that  “tho  usual  practice  is  to 
use  a  now  film  .  for  enoli  scene,  unless  .the 
scenes  are  short  nud  taken  at  the  same  or 
adjacent  points..”  This  is  quite  mislending) 
for  any  number  of  scenes  maybe  taken  upon  a  single 
film,  tho  only  limitation  being  tlio  length  of  tho  Him 
manufactured  by  the  Enstmau  Kodak  Company,  which 
has  a  substantial  monopoly  in  tho  production  of  these 
films,  and  from  whioli  substantially  all  film  users  in 
this  country  purchase.  Tlie  length  of  tlie  film  has 
nothing  to  do  with  the  artistic  or  photographic  aspect. 
It  is  true  that  the  photographer  will  ondeavor  to  judge 
tho  length  of  his  film  in  such  a  way  that  the  taking  of 
uny  one  scone  is  not  interrupted  by  reaching  the  end 
of  the  film.  Other  than  this,  it  is  the  custom  to  con¬ 
tinue  to  photograph  as  long  as  tho  film  lasts. 

I  observe  that  Mr.  Porter  says  "  such  a  series  of 
scenes,  however,  is  really  an  aggregation  of  several  se¬ 
ries  of  negative  impressions,  each  series  constituting 
ono'  pliotograph  and  each  scene  is  generally  sold  sep- 


separately,  but  sells  the  pilot 
tiroty.  Besides  this,  the  Edi 
formed  and  believe,  lias  oausi 
ing  a  serios  of  seeuos,  to  be 
This,  X  understand,  is  win 
fendant’s  Him  sued  on  in  this 
I  observe  til  at  Mr.  Porter 


Whatever  Mr.  Porter  s  Company  may  do  m  that 
,  it  is  not  true  of  my  company.  We  do 
seleot  the  persons  who  have  noted,  for 
.  His  citation  of  the  production  by 
f  the  film  like  his  “  Bowery  Kiss  ”  is 
ding.  In  that  case,  the  characters  to  whom  he' 
came  to  our  studio  nnd  represented  that  they 
egular  vaudeville  performers,  uud  said  that  they 
;ed  the  act  ill  question  in  concert  halls  and  the 
nd  they  offered  to  let  us  photograph  their  aot 
5.  They  did  not  any,  nor  did  we  know,  that  the 
a  Company  had  photographed  them  ill  the  act. 
;reod  to  thoir  proposition  uud  produced  the  film, 
informed  and  bolievo  that  t-lio  Edison  Company 


is  referred  to,  ana 
Tlio  idea  was  origii 
me.  I  will  lioro  i 
wording  of  tho  “  P 
pictud  in  the  film  i 
raudnm  to  which  I 
appears  in  the  p 
former  affidavit  in 
•'  Complainant’s  X 
tho  defendant’s  till 
same,  is  tlioir  advi 
of  that,  except  for 


F.  J„  Marion. 


to  be  correct  in  nil  substantial  uud  mutorinl  rospeets. 
That  memorandum  rends  ns  follows.: 

"  November  9th,  1904, ) 

'  .  Time— 2.45  $ 

.  “I  have  just  returned  from  the  office  of  the  Edison 
Mfg.  Company  at  No.  41  Enst  21st  Street,  and  upon 
the  udvioo  of  Mr.  Page  of  Kerr,  Page  &  Cooper,  am- 
dictating  certain  parts  of  the  conversation  wliioh  oc¬ 
curred  there  bn  tween  myself  and  Mr.  Poroy  Waters, 
the  agent  of  tlie  Edison  Mfg,  Co,  of  Orange,  N,  J.  I 
lm  doing  this  in  order  that  I  may  havo  a  rooord  of  the 
conversation  while  it  is  perfectly  fresh  in  my  mind. 

“Mr.  Waters  said  to  mo  “  we  would  not  have  copied 
your  ‘  Personal  ’  film  if  wo  had  not  been  forced  to,  do 
it.  I  had  received  lottors  from  8  or  9  managers  de¬ 
manding  the  film.  It  was  up  to  us  to  supply  it,  or 
lose  the  business,  and  inasmuch  as  you  would  not  soil 
it  to  mo,  I  had  to  get  one  tlio  next  best  way.  It  lias 
proven  one  of  tho  best  films  I  have  ever  used.  In 
several  houses  it  ran  three  weeks.’  I  said  to  Mr. 
Waters,  this  is  a '  rather  damaging  admission  for  yon  to 
make  to  me  because  it  will  undoubtedly  bo  used  against 
you  in  a  suit  which  wo  arc  about  to  bring  against  the 
Edison  Company.  Mr.  Waters  replied  “  I  can’t  help 
shat, — facts  are  facts.'  "  ' 

Frank  J.  Marion. 


H.  N.  Marv 


Rebuttal  Affidavit  of  H 

State  of  New  York,  i  S8 . 

County  of  New  York.  V 

Harry  N.  Marvin,  being  du 
says : 

I  have  already  made  affidavit 
read  the  affidavit  of  Mr.  Marie 
havo  also  read  what  I  believe' 
fondant’s  affidavits  heroin. 

My  information'  ns  to  tho 
Porcival  Waters  and  tho  Edii 
same  oll'eot  us  has  been  stated  1 

I  confirm  as  boiug  true  of  j 
that  Mr,  Marion  says  regardiii] 
Edison  Company,  with  reforei 
and  all  matters  which  lie  states 
and  the  production  of  our  film 

I  desire  to  confirm  speoifioal 
about  tho  production  of  the 
Marion  originates  a  great  mi 
for  films  of  the  character  of  t 
of  tho  photograph  “  Personal 
scription  or  sketch  of  the  ac 
fcraved.  including  a  supposed 


mg.  The  facts  are  as  Mr..  Marion  has  stated  and' as  I 
have  stated. 

I  am  familiar  with  the  facts  regarding  the  "  Bowery 
Kiss  ”,  “  Tramp’s  Skato  “  Animated  Picture;  Studio  " 
and  “  Three  Little  Maids  "  films,  and  I  ooufirm.  wlmt 
Mr.  Marion  Bnys  regarding  them. 

Haiuiv  N.  Mahvik. 

Snbsoribod  and  sworn  to  be¬ 
fore  me  this  17tli  day  of 
December,  1904.. 

H.  J.  Collins, 

(Seal)  Notary  Public,  81, 

N.  Y.  Co. 


Rebuttal  Affidavit  of  Wallace 
MeCnteheon. 

State  op  New  Yoke,  >  .  . 

County  of  New  York,  i  8  ' 

Wallace  MoOutcheon,  being  duly  sworn,  deposes 
and  says  : 

I  am  of  mature  age  and  reside  at 

I  am  the  photographer  for  the  Ameri¬ 
can  Mutoscope  &  Biograph  Co.  I  have  read  Mr.: 
Marion’s  affidavit  in  this  matter  and  what  I  believe  to 
be  conies  of  the  affidavits  of  the  defendant  referred  to 


of  pictures  suggesting  the  idea  illustrated  aud  carried 
out  by  the  personal  film,  and  I  never  said  to  anybody 
tlmtl  had  seen  snoh  a  paper/  I- don’t,  believe  su  h  a 
one  is  in  existence,  and  1  novel-  heard  of  it  until  it  was 
suggested  in  the  defendant’s  papers.'  Onco  in  a  conver¬ 
sation  with  Mr.  Edwin  S.  Porter,  who  malms  affidavit 
for  the  defence,  and  whom  I  know  personally,  I  told 
him  that  I  had  had  a  sketoh  or  memorandum  of  the 
film  on  my  desk  for  a  long  time  ;  meaning,  and  intend¬ 
ing  to  convoy  the  meaning,  that  Mr.  Marion’s  sketcl: 
or  memorandum  had  boon  on  my  desk  for  a  long  time 
before  the  piotures  wore  actually  taken,  and  such  was 
the  fact,  but  I  never  admitted,  or  said  anything  wind 
wiis  intended  to  bo  an  admission,  that  Mr.  Marion  lnu 
taken  the  idea  from  a  comic  paper,  for  such  was  no 
the  fact,  bo  far  ns  I  know.  ,  .  . 

The  rural  views  for  the  "  Personal  film  here  in  sui 
were  taken  at  Englewood,  N.  J.,  and  Mr.  Porter  he 
told  me  in  conversation  that  he  obtained  that  infoimc 
(ion  from  us  through  indireot  means  before  be  took  tli 
pictures.  I  do  not  know  where  Mr.  Porter  got  tli 
supoosed  information  that  they  were  taken  partly  not 
Grantwood,  V.  J.,  and  partly  near  Paterson.  He  cei 
family  had  correct  information  ou  that  subject  if,  as  1 
told  me  was  the  case,  ho  sent  a  man  to  us  to  ascertai 
the  facts  beforo  lio  took  his,  piotures. 

I  never  claimed,  and  do  not  now  claim,  to  lm- 
originated  the  idea  or  sketch  of  the  “  Personal  riil. 


United  States  Circuit  Court, 

DISTRICT  OP  NEW  JERSEY. 


AMERICAN  MUTOSCQPE  AND  BIOGRAPH 
COMPANY, 

Complainant, . 

EDISON  MANUFACTURING  COMPANY, 

Defendant. 


Defendant’s  Affidavits  in  Opposition  to  Complainant’s 
Motion  for  Preliminary  Injunction. 


;  FRANK  L.  DYER, 

Solicitor  for  Defendant. 

DELOS  HOLDEN, 

FRANK  L.  DYER, 

MELVILLE  CHURCH, 


“inrifteb  States  Circuit  Court 


DISTRICT  OP  NEW  JERSEY. 


Amehioan  Mutoscope  &  Bioohapii 
Company, 

Complainant, 


State  op  New  Jeiisey  ) 

County  of  Essex.  J  88‘  ' 

Thomas  A.  Edison  being  duly  sworn  on  oath  says  : 

I  nm  of  mature  ago  and  resido  at  Llewellyn  Park, 
Orange,  Now  Jersey.  I  am  the  President  of  tlio  Edi¬ 
son  Manufacturing  Company,  the  defendant  herein.  I 
have  read  tho  affidavits  filed  in  lielmlf  of  the  complain¬ 
ant  in  this  suit,  and  desire  to  state  that  Prank  J. 
Marion  is  entirely  mistaken  when  ho  states  that  Mr. 
Percy  Waters,  or  Poreival  Waters,  is  tho  agent  in 
charge  of  tho  Now  York  office  of  the  Edison  Manu¬ 
facturing  Company,  and  that  ho  is  treated  as  being  in 
authority  at  its  New  York  Oilico.  Mr.  Percivnl  Waters 
is  not  an  agent  of  tho  Edison  Manufacturing  Com¬ 
pany  ;  ho  lias  no  power  to  bind  the  Edison  Manu¬ 
facturing  Company  in  any  way  whatsoever,  nnd 
the  said  company  is  not  responsible  for  his 
acts.  His  only  relation  to  the  Edison  Man¬ 
ufacturing  Company  is  that  of  a  jobber 
or  dealer  in  kinetoscopic  films.  He  purchases 


such  films  from  the  Edison  Manufacturing  Company, 
nud  also,  as  I  am  informed  and  believe,  purchases  and 
sells  films  of  other  makes,  ns  lie  is  not  bound  to  deal 
only  in  Edison  films. 

It  has  been  my  practice  to  copyright  all  films  pro'- , 
duoed  for  and  ownod  by  mo  and  to  prevent  the  copy¬ 
ing  of  such  photographs  by  unauthorized  persons ; 
and  it  lias  always  been  the  praotioo  of  the  Edison 
Manufacturing  .Company  to  abstain  from  tho  copying 
of  copyrighted  photographs. 

I  lmvo  been  connected  with  tho  moving '  picture 
business  for  mnny  years,  nnd  as  far  as  I  am  aware  it 
has  never  boon  considered  that  a  copyright  upon  a 
moving  pioturo  photograph  covers  the  plot  or  theme 
whioli  the  exhibition  of  the  moving  picture  portrays. 
For  instance,  n  short  time  ago  I  copyrighted  a  film 
showing  the  holding  up  and  robbing  of  a  railroad 
train,  and  not  long  after  this  other  moving  pioture 
dealers  placed  films  on  the  market  illustrating  this 
subjeot,  hut  which  films  wore  not  duplicates  of  my 
film. 

■When  it  was  decided  to  produce  a  film  to  illustrate 
the  joke  upon  which  complainant’s  film  "  Personal” 
is  based,  Mr.  Edwin  S.  Porter  was  instructed  to  do  no 
copying  of  complainant’s  film,  but  to  portray  in  pho¬ 
tograph  his  own  conception  of  the  characters,  cos¬ 
tumes,  gestures,  postures,  etc.,  throughout  the  various 
scenes,  and  these  instructions  in  my  opinion  he  has 
faithfully  oarrioil  out,  as  appears  by  a  comparison  of 
the  two  films,  nnd  especially  a  comparison  of  the 
separate  pioturos  thereof. 

Thomas  A.  Edison. 

Sworn  to  and  subscribed  be¬ 
fore  mo  this  6th  day  of 
December  1904. 


J.  F.  Eandolph. 


UNITED  STATES  CIRCUIT  COURT 


Distiiiot  of  New  Jeiisey. 


Amebioan  M otoscope  &  Bioobaph 

Company,  . 

Complainant, 


Edison  Mandfactuiiing  Company, 
Defendant. 


•In  Equity. 


State  of  New  Jeiisey,  ) 

County  of  Essex.  }  ’ 

Alexandeb  T.  Moobe,  being  duly  sworn  on  oat 

I  am  of  mature  ago  and  reside  at  Orange,  Ne 
Jorsey.  I  am  tile  Manager  of  the  Kinetoscope  Depnr 
ment  of  the  Edison  Manufacturing  Company,  the  d< 
fondant  herein.  The  moving  piature  films  entitle 
"How  a  French  Nobleman  Got  a  Wife  Through  th 
Now  York  Herald  ‘  Personal’  Columns,”  and  on  sal 
by  the  Edison  Manufacturing  Company  are  made  froi 
an  original  photograph  or  nogative  designed  nnd  take 
by  Edwin  S.  Porter  of  New  York  City.  The  said  phe 
tograph  or  nogative  is  owned  by  Thomas  A.  Edison  t 


especially 


Suoh  pioturos  are  taken  by  means  of  a  camera 
designed  and  adapted  for  the  purpose,  by  means  of 
which  successive  photographs  of  the  same  object  or  ob¬ 
jects  are  takon  at  rapidly  succeeding  intervals  upon  a 
suitable  strip  of  sensitized  film  constituting,  the 
negative,  each  exposure  being  for  a  very  short 
period  of  time  and  a  largo  Humber  of  exposures 
being  takon  in  a  Beoond,  so  that  moving  objeots  are 
photographed  in  a  great  many  different  positions, 
whereby  when  the  positive  of  such  photograph  is  used 
with  a  proper  maohino  for  projecting  the  pictures  upon 
n  screen  in  rapid  succession,  the  appearance  of  actual 
motion  is  produced. 

It  has  been  a  common  practice  among  photographers 
in  tins  art  to  produce  moving  pioturos  by  means  of 
such  d  camera  placed  in  a  single  position,  in  order  to 
depict  a  single  event,  such  as  the  launching  of  a  vessel 
or  the  run  of  a  fire  department.  In  this  oluss  of 
pictures  all  the  exposures  are  taken  upon  a  single 
sensitized  Him,  which  is  afterwards  developed-  into  a 
negative  and  from .  which'a  positive  film  is  then  pro¬ 
duced  for  the  purposes  of  exhibition,  and  the  back¬ 
ground  of  encli  picture  of  the  film  is  exactly  the  same, 
except  when  the  camera  is  turned  on  a  pivot  to  a  dif¬ 
ferent  point  of  the  compass. 

It  has  also  been  a  common  practice  to  build  up  long 
series  of  moving  pictures  in  the  following  manner : 
A  number  of  performers  go  through  certain  acts  in 
pantomime  and  illustrate  in  this  manner  the  plot  of  a 
theme,  story,  joke  or  play  composed  of  a  number  of 
different  scenes,  taken  often  at  widelv  senarated  view 


"11  ore  tiio  view  points  nro  widely  separated,  nil  of  the 
pictures  are  seldom  tuken  the  sumo  day,  and  the  differ¬ 
ent  scenes  are  almost  invariably  taken  upon  different 
films.  Furthermore,  the  photographer  generally  aims 
to  take  more  exposures  than  are  ueoessary,  in  order  • 
that  ho  may  trim  off  some  of  the  piotures  from  both 
ends  of  the  film  and  thereby  produce  wliut  he  consid¬ 
ers  ii  fittiug  and  attractive  beginning  and  end  to  the 
soene.  Snail  a  sories  of  moving  picture  scones  is  tliero- 


ture  linn.  I  remember  another  film  in 
pocket  is  pursued,  auother  in  wliiah  poi 
sued  and  another  in  which  train  robber 
In  the  two  former  films  the  scones  are  1 
while  in  the  two  latter,  the  scenes  occur 
Another  fact  made  obvious  by  the  exh 
plaiuaut's  film  was  the  fact  that  it  wi 
a  single  photograph,  siuoo  the  vie 


pictures  occupied  three  different  days.  My  opinion  is 
tlnit  four  or  five  separate  sensitised  films  were  used, 
and  that  these  films  contain  as  many  ns  five  or  six  dif¬ 
ferent  series  of  impressions,  each  portraying  a  different 
scene. 

A  short  time  nfter  seeing  the  said  exhibition,  in  a 
conversation  with  one  of  the  talent  or  performers  in 
pantomimes  for  moving  piotiiros,  I  was  informed  that 
complainant’s  film  “  Personal  ”  was  merely  the  acting 


comio  paper,  ai'id  that  the  said  performer  lias  seen  this 
paper  on  the  desk  of  Wallace  MoOutoheon,  a  pho¬ 
tographer  in  the  employ  of  the  American  Mutoscope  &  ■' 
Biograpli  Compnny. 

It  occurred  to  me  nfter  seeing  the  exhibition  of 
ooinplainunt's  film  "  Personal  ’’—that  I  could  design  a 
set  of  photographs  based  upon  the  same  joke, 
and  which,  to  my  mind  would  possess  greater 
artistic  merit.  My  conception  of  the  principal 
81  cliaractor  rem-esentintr  the  Frmioh  'Wnlilumnn  u-na 


for  ine1  and  at  the  expense  of  the  owner  of  the- film  St 
which  I  produoed.  My  photograph  is  not  a  copy, 
hut  tin  original.  It  onrries  out  my  own  idea  or  con¬ 
ception  of  how  the  characters,  especially  tile  Fronoh 
Nobleman,  should  appear,  ns  to  costume,  appearance, 
expression,  figure,  bearing,  posing,  gestures,  postures 
and  action.  Complainant’s  Frenchman  is  short,  mine 
is  tail ;  theirs  rlreBses  in  poor  taste,  mine  dresses  in 
good  taste  j  theirs  presents  an  undignified  appearance, 
mine  is  of  gracious  and  gentlemanly  bearing.  Theirs 
looks  and  behaves  like  a.  monkey— mine  like  a  gentle-  31 
man.  Those  differences  I  believe  I  have  made  ap¬ 
parent  in  every  picture  of  the  series,  by  menus  of  the 
buuI  costnino,  poses,  postures,  notion,  etc. 

The  first  pantomime  for  my  photograph  was  enacted 
at  my  studio  situated  in  New  York  City  and  shows  the 
principal  character  looking  for  his  personal  in  the 
Herald  whiuli.  ho  finds  and  peruses  with  interest ;  lie 
then  puts  the  finishing  touohes  to  his  costume  in  order 
to  Bet  out  for  tho  mooting  place.  This  scene  enables 


as  great  as  aud  probably  greater  than  that  of  complain¬ 
ant’s  film,  since  it  is  purely  and  entirely  an  original — 
not  a  duplicate,  and  portrays  more  separate  scenes. 
This  photograph  or  series  of  photographs  was  pro¬ 
duced  by  me  for  Thomas  A.  Edison  of  Orange,  New 
Jersey,  to  whom  I  assigned  my  entire  right,  title  and 
interest  in  the  same. 

This  set  of  photographs  has  been  placed  on  the 
market  by  the  Edison  Manufacturing  Company  under 
the  title— "How  a  Frenoh  Nobleman  Got  a  Wife 
Through  the  New  York  Herald  Porsonal  Columns.” 
Not  long  after  it  appeared,  X  lmd, a  conversation  with  M  iv 
Wallace  MoOutohoon,  Complainant’s  photographer,  in 
wliioh  lie  remarked  that  I  had  taken  the  idea  of  this ' 
film  from  complainant’s  film  entitled — “  Personal.”  I 
replied  that  they  could  not  oomplain  on  that  account,, 
because  they  had  taken  the  idea  from  a  comio  paper  ; 
Mr.  McCntckeon  admitted  to  mo  that  this  was  the  case ; 
that  Mr.  Harry  N.  Marvin  the  President  of  the  Ameri¬ 
can  Mutoscope  &  Biograpli  Company  had  shown  him 
the  paper  and  suggested  that  he  get  up  a  film  along, 
the  lines  illustrated  therein. 


Edwin  S.  Porter. 

Sworn  to  and  subscribed  be¬ 
fore  me  this  3rd  day  of 
December,  1904. 


J.  P.  Randolph, 


UNITED  STATES  CIRCUIT  COURT, 


American  .Motoscope  &  Bioqraph  1 


Edison  Manupaotuiiinq  Company,  I 
Defendant.  I 


•Peroival  L.  Waters,  being  duly  sworn,  on  oath 
says :  I  am  of  mature  age  and  reside  iii  New  York 
City.  My  'occupation  is  that  of  an  exhibitor  and  dealer 
in  moving  picture  films.  I  am  not  employed  by  the 
Edison  Manufacturing  Company  nnd  am  hot  an  agent 
of  said  company.  I-liavo  no  power  to  bind  the  said 
company  by  contract  or  otherwise,  nnd  the  said  com¬ 
pany  is  not  responsible  for  my  acts  or  doings.  My 
only  relation  to  the  Edison  Manufacturing  Company  is 
that  of  a  jobber  hnndlimi  films  ummifimtiirnd  hv  llmm 


Legal  Department  Records 
Motion  Pictures  -  Case  Files 


Armat  Moving  Picture  Company  v.  Edison  Manufacturing  Company 

This  folder  contains  material  pertaining  to  the  suit  brought  by  the  Armat 
Motion  Picture  Co.  against  the  Edison  Manufacturing  Co.  in  the  U.S.  Circuit 
Court  for  the  Southern  District  of  New  York.  The  case  was  initiated  in  1 902  and 
later  heard  in  the  U.S.  Circuit  Court  of  Appeals.  It  involved  the  alleged 
infringement  of  U.S.  Patent  586,953  issued  to  Thomas  Armat  and  C.  Francis 
Jenkins.  The  selected  items  include  affidavits  by  Edison,  William  Heise,  John 
F.  Ott,  and  others  for  the  defense,  along  with  correspondence  between 
attorneys  on  both  sides  of  the  case  regarding  possible  settlements  and  cross- 
licensing  agreements. 


SoX  773 


United  States  Circuit  Court, 

Southern  District  of  New  York. 


ARMAT  MOVING  .PICTURE  COMPANY, 
Complainant, 


EDISON  MANUFACTURING  COMPANY 
•  '  Defendant: 

Defendant’s  Affidavits  in  Opposition  to  Motion 
for  Preliminary  Injunction:- 

'  ;  RICHARD  N.  DYER,.  i 

...  Of  Counsel  for  Defendant. 


T.  A.  Edison. 


UNITED  STATES  OIROUIT  COURT, 

Southern  District  op  New  York. 


Armat  Moving  Picture  Company 
Edison  Manufacturing  Company. 


In  Equity, 


Affidavit  of  Thomas  A.  Edison. 

State  op  New  Jersey,  ) 

7  County  of  Essex,  j  8B-  ; 

**  ■>»■»“>  - 

^  The  living  picture  business  of.  the  defendant  is  bas< 

uy‘"V0  °M  ?d  lmte“ts-  is  «*  continuatic 
of  the  commercial  business  which  I  started  in  tl 
spring  of  1894.  Most  of  the  facts  regarding  m^vo! 

patent  No.  589,108  against  the  American  Mutoseo^ 
Company  and  I  refer  the  Court  to  the  record  of  the 
case  ior  tuese  facts. 

I  have  read  the  patent  here  in  suit  granted  tn  To,, 

mdconlA!'mtttVilndIIlaV°  al80  read  file-wrappe 
'  It  ! ?  7  TMer  °f  tlmt  P“‘«nt,  which  np 
poai  m  the  defendant  s  record  in  the  suit  of  the  pres 

w  rsxr™1  *—■*• «- 

ma0l,r  "Woh  1  Placed  upon  th< 

cri  i  wt,8?"  °f  18W  WaS  “  direct-view  ma- 
Chine,  in  which  the  picture  film  had  a  continuoui 


motion  and  in  whioh  u  rotating  shutter  was  em¬ 
ployed  for  cutting  off  the  film  from  view. 

Duo  to  the  continuous  motion  of  the  film,  this 
shutter  had  a  very  small  opening,  which,  ns  I  remem- 
bor  it,  was  approximately  one  three-liundredths  (1/800) 
bf  tlio  entire  ciroumforeuco  of  the  shutter.  I  put. this 
mnohiue  on  the  market  to  meet  an  immedinto  demand, 
but,  as  appears  by  the  record  in  the  kinetograph  suit, 

I  intended  from  the  very  start  to  utilize  my  picture 
films  in  exhibiting  machines  whioh  would  project  the  10 
pictures,  greatly  enlarged,  upon  a  screen.  Experi¬ 
ments  looking  to  the  production  of  sucli  a  mnohine 
wore  begun  at  least  as  early  as  the  year  1890,  and  were 
flamed  on  at  first  by  utilizing  ns  an  exhibiting  machine 
thodrinetographic  camera  of  my  patent  No.  689,108,  the 
particular  machine  employed  being  the  1889  strip 
kinetograph  whioh  was  un  exhibit  in  the  kinetograph 
suit  and  is  illustrated  by  the  photographs  on  pages 
423  to  426  of  complainant's  record  in  that  suit,  In 
:  this  machine  the  film-feeding  mechanism  was  of  such  ^ 
character  that  the  film  was  at  rest  for  nine-tenths  of 
the  time  and  in  motion  oue-tenth  of  the  time  as  de¬ 
scribed  in  my  kinetograph  patent  before,  referred  to. 
When  used  as  a  camera,  the  machine  was  provided 
with  a  shutter  in  the  form  of  a  disk  having  six  open¬ 
ings,  which  were  of  about  the  same  length  as  the  solid 
portions  of  the  disk  betwoon  tlio  openings.  Six  expo¬ 
sures  of  the  film  were  made  for  each  revolution  of  the 
shutter,  and  consequently  the  film  was  exposed  for 
one  half  the  entire  time.  In  thiB  machine  therefore,  ^ 
when  provided  with  such  a  shutter,  the  film  was  in 
motion  one-tenth  of  the  time,  was  at  rest  for  niue^ 
tenths  of  the  time,  and  was  exposed  for  one-half  of 
the  time,  the  interval  of  rest  being  nine  times  the  inter¬ 
val  of  motion,  and  the  interval  of  exposure  being  five 
•times  the  interval  of  motion.  This  shutter  is  shown 
in  the  photograph  on  page  423  of  complain¬ 
ant’s  record  in  the  1  kinetograph  suit,  aud 
in  .figure  6  of  my  kinetograph  patent  689,168. 

In  arriviug  at  this  form  of  shutter  for  the  machine 


T.  A.  Edison. 


,T.  A.  Edison.  - 


ion  used  us  a  camera,  I  conducted  a  series  of  expori- 
snts  ,v,fch  larger  and  with  smaller  openings,  but  finally 
,  d  Pu  tlle  sliutter  opened  for  practically  ono-linlf 
the  time  ns  being  the  best  for  the  muoliine  when  used 
a  camera  and  when  run  at  the  high  speed  at  which  I 
i  it,  namely,  forty  pictures  per  second.  In  using  the 
iclmio  ns  a  projecting  exhibiting  innoliine,  which  I 
1  as  early  ns  1890, 1  naturally  made  similar  olmnges 
the  form  of  the  shutter  so  as  to  get  the  best  results, 
i  used  the  machine  for  projecting  purposes  without 
!  shuttor  at  all,  and  also  with  shutters  having  a 
inter  opening  than  one-half.  The  machine  itself 
mg  a  period  of  rest  to  the  film  of  nine-tenths  of  the 
ic,  made  it  possible  to  use  a  shutter  whose  opening 


T  larger  opening  allowed  tc 

ugh  the  him.  These  early  experiments  were 
I  by  Mr.  H .  K.  L.  Dickson  and  other  employ, 
laboratory  under  my  direction.  They  re- 
the  determination  that  a  projecting  exhibiting 
or  living  pictures  should  be  one  in  which  the 
in  should  have  a  nnvwl  _ ,  , 


pose  of  giving  the  film  a  longer  period  of  rest  than  of 
motion  was  to  permit  u  long  exposure  of  the  film. 

The  great  success  of  the  commercial  business  which 
■was  started  on  my  living  pioturo  apparatus  in  the 
spring  of  1894,  delayed  me  somewhat  in  bringing  out 
a  projecting  mnoliino,  but  I  kept  somebody  aliuoBt  con¬ 
stantly  employed  in  the  work  of  reduoiug  to  u  com¬ 
mercial  manufacturing  form  the  principles  of  con¬ 
struction  whioli  had  been  demonstrated  ns  desirable 
for  a  projecting  inaohiuo  by  the  experiments  with  the 
1889  strip  kinetograph.  This  work  was  transferred 
from  my  laboratory  to  the  fnotory  of  the  defendant 
Company  and  was  there  continued,  the  meolianie  princi¬ 
pally  employed  on  the  work  being  one  Simpson,  who  is 


I  recollect  on  one  occa- 
i  of  these  machines  ami 
in  the  exhibited  picture 


told  the  media 
'urther  enlarge 
lone  before  I 


-Lius  it*  what  the  original  specification  means  to  nu 
In  February  1896,  six  months  Inter,  they  inserted  i 
the  specification  the  statement  that  the  inventioi 
would  be  embodied  in  o  maohine  with  a  shutter,  fo 
which  there  was  no  warrant  in  the  original  spooificn 
non,  and  I  observe  that  tho  wording  of  tlm  nlirimn 


mum;  a  snucter,  are  to  me  readable  only 
with  a  shutter.  With  a  shutter  there  is 
of  the  light,  which  produces  a  roduoti 
illumination,  which  does  not  ocour  in 
thout  u  shutter,  where  the  ilhiminntion 
tli  while  the  film  is  moving  and  while  it 
it  in  a  shutterless  machine  there  is  an  oile 
’ery  much  more  objectionable  than  tli 
or,  which  is  that  of  ai 
rf  light  across  the  pic 
noveraent  of  the  film 


with  my  kinotograph  or  camera  patent  No.  589,168. 
The  oxhibiting-machiuo  patent  states  : 

“The  means  for  advancing  the  film  and  for 
operating  the  shutter  to  expose  the  pictures  may 
be  the  same  in  ull  particulars  as  in  the  apparatus 
for  taking  pictures  described  in  my  application, 
Serial  No.  403,535,  filod  August  24,  1891." 

As  the  Court  will  see  by  referring  to  application  No. 
403,535  in  tho  record  in  the  kiuetograpli  suit,  that  ap¬ 
plication  described  and  illustrated  my  camera  just  as 
.  it  is  desoribed  and  illustrated  in  my  oumoia  patent,  so 
that  tho  reference  in  my  exhibitiug-mnoliine  patent  to 
application  No.  403,535  can  be  taken  as  referring  to 
my  camera  patent  No.  589,168.  Indeed  in  the  original 
application  No.  403,534  on  which  my  camera  patent 
issued,  both  the  camera  of  patent  No.  589,168  and  the 
exhibiting  machine  of  patent  No.  493,426  were  de¬ 
scribed,  and  in  connection  with  the  latter  the  same 
statement  was  made  as  to  using  the  camera  mechanism 
in  the  exhibiting  machine  as  appears  in  patent  No. 
493,426.  This  application  eau  also  be  found  in  the 
record  in  the  kiuetograpli  suit. 

Interpreting,  therefore,  the  statement  quoted  from 
my  exhibiting-maohiue  patent  No.  493,426  by  reference 
to  my  camera  patent  No.  589,168,  the  following  situa¬ 
tion  appears :  The  machine  of  the  camera  patent  is 
one  in  which  the  film  is  fed  with  an  intermittent  move¬ 
ment,  the  film  being  held  at  rest  nine-tenths  of  the 


suvo  118  experience  diotntes.  With  n  camera  nm 
ipeod  giving  forty-six  pictures  per  second  and 
oiduiaiy  conditions  of  light,  an  exposure  of  oue- 
if  tlie  time  gives  good  results  ;  for  different  cou- 
is  of  speed  and  light,  a  different  exposure  would 
referable.  So  with  an  exhibiting  machine,  the 
mr  of  pictures  per  second,  the  size  of  the  pictures, 
ogreo  of  enlargement,  and  the  intensity  of  the 
back  of  the  pictures,  are  all  elemonts  which 
the  length  of  exposure.  My  camera  and  oxhibit- 
inohiuo  patents  leave  those  things  to  the  skill  of 
leohnnie  in  this  art— the  optician  and  the  plio- 
phor— as  I  believe  they  should  bo  left,  the  lnocli- 
i  provided  being  one  which  gives  a  nine-tenths 
d  of  rest  for  the  purpose  of  permitting  “  as  long 
posuro  ns  practicable." 

however,  in  the  treutmont  of  this  case,  my 
ra  and  exhibiting-muohino  patents  are  to  be 


Tf,  liowovor,  the  olnims  of  the  Armnt  and  Jenkin 
patent  are  to  bo  interpreted  as  covering  a  liviu 
picture  exhibiting  mnohine  provided  with  a  sbutte 
in  whioli  the  shutter  opening  is  more  than  one-hal 
so  that  the  period  of  illumination  will  exceed  tli 
period  of  obsourntion,  then  that  invention  was  certnini 
anticipated  by  the  use  whioli  I  made  of  my  kiuott 
graphic  camera  as  a  projecting  machine  in  the  yei 
1890,  whioli  use  was  followed  by  a  continuous  line  i 
experiments,  resulting  in  the  production  of  a  oon 
ineroial  projecting  mnohine,  having  all  the  elements  c 
the  Armnt  and  Jenkins  patent  when  thus  interpretei 
in  tlie  year  1891. 

Thomas  A.  Edison. 

Subscribed  and  sworn  to  be- ) 
fore  me  this  10th  day  of  > 

December,  1902.  ■  ) 

Riohd.  N  Dram, 

;  [seal.]  Notary  Public, 


UNITED  STATES  CIRCUIT  COURT, 
Southern  Dibtrict  of  New  York. 


Aiimat  Moving  Pioture  Co. 


vs.  .In  Equity. 

Edison  Manufacturing  Co. 


Affidavit  of  -William  Heise. 


ate  of  New  Jersey,  ) 

County  of  Essox.  { ss,: 

William  Heise  being  duly 'sworn  deposes  nnd  says 
follows  : 

C  am  55  years  of  ago,  reside  in  West  Orange,  New 
rsey  and  am  employed  at  the  Works  of  the  Edison 
mufaoturing  Company  as  an  Instrument  Maker  and 
perimenter.  I  started  to  work  iu  Mr.  Edison’s. 


•  for  the  taking  of  photographs  of  moving  objects,  which 
;  building  was  mounted  on  wheels,  so  that  it  could  be 

shifted  about  to  get  the.  proper  light,  and  this  building 
.was  known  ns  the  “Black  Marin.” 

I  worked  with  Mr.  Dickson  in  this  building  operat¬ 
ing  the  camera  for  taking  pictures  and  later,  when  Mr. 
Dickson  left  Mr.  Edison’s  employ,  I  took  his  place  in 
charge  of  the  takiug  of  photographs  of  moving  objects 
.  and  I  also  had  charge  of  the  developing  and  printing 
plant  for  developing  and  printing  the  photographs.  I 
continued  in  this  position  until  October,  1898,  when  I 

•  left  the  employ  of  the  Edison  Manufacturing  Company 
.  and  romuined  out  of  its  employ  for  about  a  year. 

I  recollect  llie  first  camera  which  Mr.  Edison  lmd  for 
.takiug  moving  pioturos,  employing  a  strip  of  film. 
This  is  illustrated  by  the  photographs  on  pages  422 
to  424  of  Complainant's  Record  in  the  suit  of  Thomas 
A.  Edison  against  the  American  Mutoscope  Company 
.  and  is  there  culled  the  1889  strip  ICinetograph.  I, 
personally,  took  many  pictures  with  this  machine,  in 
fact,  my  first  work  on  the  subject  of  moving  pictures 
,  was  with  this  machine. 

The  shutter  with  which  this  machine  was  provided, 
had  six  oneuincs  which  had  annroximatolv  the  same 


film.  When  these  machines 
o  provided  with  adjustable 
nt  of  opaniug  could  be  nd- 
f  light  under  which  the  nic- 


the  1889  strip  ICinotogmph  was  nsod  ns  a  projeotii 
exhibiting  machine.  I  assisted  in  those  experimon 
wliich  were  carried  on  in  the  photograph  building 


io  wore  unsatisfactory 
enrnnco  of  the  pictur 
bed  that  a  shutter  w, 


i  knowledge  was  embodied  in  the  use  of  the  loo! 
Kiuetograpli  as  a  projecting  machine  and  thii 
ne  with  n  shutter  which  was  opened  for  mori 
, uo-lialf  the  time,  was  used  frequently  for  pro 
;  pictures  on  a  screen  at  the  time  slated.  Thi 
if  improving  upon  this  machine  bb  a  projecting 


the  Edison  Manufacturing  Company  ana  was 
tried  on  principally  by  Sim; 

o  nsod  in  his  work  the  features  of  const™ 
lich  had  been  developed  by  experiments  wit! 
39  strip  Kinotograph.  This  work  was  being  ct 
by  Mr.  Simpson  at  least  as  early  as  the  year 
t  his  work  being  outside  of  my  department,  X 
t  in  a  position  to  follow  it  closely. 

William  Hei 

ibscribod  and  sworn  to  be-  •) 
fore  mo  this  9th  day  of  > 

Decembor,  1902.  ) 

J.  1?.  Randolph, 

[seal.]  Notary  Public  for  New  Jersey. 


tlie  shutter  which  was  finally  adopted  for  the, 
mnohine  when  used  as  a  camera  but  under  the 
conditions  uuder  which  the  machine  was  designed  to 
work  as  n  camera,  the  shutter  ryhicli  was  finally 
decided  upon  was  oue  having  openings  which  would 
give  nu  exposure  for  about  one-half  the  time. 
Cameras  built  lator  but  before  the  year  1894  on 
the  same  principle,  were  provided  with  adjustable 
shutters  which  enabled  the  opening  in  the  shutter 
to.  bo  adjusted  for  the  conditions  of  light  under  1 
which  the  pictures  wero  to  be  taken.  The  1889  Strip 
Kinotogrnph  had  a  film-feeding  mechanism  which 
produced' poriods  of  rest  of  the  film  several  times, 
longer  than  the  periods  of  motion.  The  1889  Strip 
Kiuotograph  was  nsed  for  experimental  work  to 
determine  the  conditions  which  would  have  to  be 
employed-  iu  ,  the  construction  of  a  projecting, 
exhibiting  machine.  This  machine  was  used  for 
projecting  moving  pictures  upon  a  screen  in  room  5 
of  the  laboratory  in  the  year  1889,  before  the  moving 
picture  work  was  transferred  to  the  photograph 
building  iu  the  fall  of  1889  and  these  experiments 
wero  continued  in  the  photograph  building. 

In  these  experiments  as  in  the  experiments  with  the 
mnehiue  when  used  as  a  camera,  shutters  with  different 
sizo  openings  wero  omployed.  Pictures  were  also 
projected  upon  a  screen  by  this  machine  without  uny 


j:  r  ott. 


•F.  P.  Ott. 


of  tlio  film  and  a  abutter  which  would  permit  the  light 
to  pass  through  the  picture  during  praotioally  the  entire 
time  that  the  film  was  at  rest.  The  work  of  improving 
this  machine  and  developing  its  construction  into  a 
commercial  and  manufacturing  form,  was  transferred 
to  the  works  of  the  Edison  Mauufnoturing  Company 
and  was  carried  on  there  outside  of  the  scope  of  my 
superintendence.  I  did  not  follow  that  work  closely, 
but  I  know  that  it  was  going  on  long  before  I  ever 
heard  anything  about  the  Armat  Projecting  Maohiue, 
and,  certainly,  as  early  as  the  year  1894. 

JonN  P.  Oxt. 

Subscribed  and  sworn  to  be-  ) 
fore  me  this  9tli  day  of  > 

>  December,  1902.  )• 

J.  P.  Randolph, 

[seal.]  Notary  Public  for  New  Jersey..  . 


64 


UNITED  STATES  CIRCUIT  COURT, 

Southern  District  of  New  York. 


6l 


Aiihat  Moving  Picture  Co. 


Edison  Manufacturino  Co. 


■In  Equity. 


66 


Affidavit  of  Frederick  P.  Ott. 

State  op  New  Jersey,  > 

County  of  Essex,  j  88-: 

Frederick  P.  Ott,  being  duly  sworn,  deposes  and  67 
says  as  follows : 

’  I  am  42  years  of  age,  reside  in  West  Orange,  New 
Jersey,  and  am  an  Instrument  Maker  by  occupation.  I 
am  employed  at  the  Edison  Laboratory  in  West 
Orange,  on  experimental  work  for  Mr.  Edison,  having 
been  in  Mr.  Edison's  oinploy  continuously  for  about 
17  years.  I  testified  for  the  complainant  in  the  suit  of 
Thomas  A.  Edison  against  American  Mutoscope  Com- 
-pany,  which  suit  was  on  Mr.  Edison’s  patent  on  the 
Kinetograph.  I  did  a  good  deni  of  work  on  the  68 
experimental  maohines  which  Mr.  Edison  made  for 
both  taking  and  exhibiting  moving  pictures.  I  assisted 
in  muny  experiments  with  these  machines,  nud  often 
acted  as  a  subject  to  be  photographed.  I  well  remem¬ 
ber  the  construction  of  the  1889  Btrip  Kinetograph 
about  which  I  testified  in  the  Kinetograph  suit.  In 
tlwt.machine  the  film  had  a  period  of  rest  several 
times  longer  than  the  period  of  movemont.  The  object 
was  to  secure  ns  long  an  exposure  of  the  film  as 
■possible. 


r.  p.  otfc. 


A.  S.  White. 


Experiments  were  made  with  shutters  having  open¬ 
ings  of  different  sizes,  both  larger  and  smaller  tlinu  one 
half,  but  under  the  conditions  of  use  of  the 
machine  ns  a  camera,  the  shutter  whioh  gavo  the  best 
results  was  one  in  which  the  opening  was  equal  to  tho 
closure  and  this ;  shutter  was  used  iu  later  work  with 
themnohine  as! a  camera.  Later  oameras,  however, 
built  on  the  snmo  principle  in  1891  and  1892,  wore  pro- 
79  v,^et^  ,v'^'  n<ty|,btnble  shutters  so  that  tho  proportion 
70  between  tho  opening  and  olosuro  of  tho  shutter  oould 
bo  adjusted  to  the  conditions  of  light  under  whioh  the 
pictures  were  taken. 

1  also  remember  the  use  of  the  1889  strip  Kin- 
etogrnph  ns  a  projecting  exhibiting  machine  in  tho 
years  1889  and  1890.  The  firet  work  of  this  character 
w«b  done  in  room  5,  of  the  Laboratory,  bofore  tho 
the  experiments  wore  transferred  to  the  photograph 
building  in  the  fall  of  1889  and  later  work  was  done  in 
the  photograph  building.  In  this  use  of  the 
n  1889  strip  Kiuetograph  as  a  projecting  exhibiting 
machine,  changes  were  made  in  the  shutter  so 
as  to  increase  the  amount  of  light  passed  through  each 
picture.  Some  trials  were  mude  without  any  shutter, 
allowing  tho  light  to  pass  continuously ;  others  were 
mude  with  shutters  having  large  openings  so  ns  to  per¬ 
mit  the  light  to  pass  for  approximately  tho  entire 
period  of  rest  of  the  Him.  The  results  obtained  without 
a  shutter  were  unsatisfactory  on  account  of  the  streaked 
appearance  of  the  pictures.  This  appearance  was  re¬ 
moved  by  the  use  of  the  shutter  which,  however,  even 
when  having  the  muximum  opening,  reunited  in  reducing 
tho  amount  of  light,  but  this  reduction  iu  the  light 
was  less  objectionable  than  the  streaked  appearance 
produced  when  no  shutter  was  used. 

It  was  certainly  well  understood  in  1889  and  1890  by  • 
those  connected  with  Mr.  Edison’s  experiments  on 
moving  picture  apparatus,  that  a  projecting  exhibiting 
machine  should  have  u  film  feeding  mechanism  pro¬ 
ducing  a  period  of  rest  longer  than  the  period  of 
motion  and  a  shutter  which  would  let  the  light  pass 


through  each  pioture  for  practically  the  whole  period 
of  rost,  and  this  knowledge  wbb  repeatedly  employed 
in  the  use  of  the  1889  strip  ICinetograph  as  nn  ex¬ 
hibiting  machine  in  the  years  1889  and  1890. 

Frederick  P.  Ott. 

Subscribed  and  sworn  to  be-  ) 
fore  me  this  9th  day  of  > 

December,  1902.  ) 

J.  E.  Randolph, 

[beal.J  Notary  Public  for  New  Jersey. 


UNITED  STATES  CIRCUIT  COURT, 
SoUTHEltN  DISTRICT  OF  New  YORK. 


Armat  Movino  Picture  Company 


Edison  Manufacturing  Company. 


Affidavit  of  Arthur  S.  White. 


Arthur  S.  WHrrE,  being  duly  sworn,  deposeB  and 
sayB  ns  follows : 

I  am  44  yours  of  age,  reside  in  the  Borough  of 
Manhattan,  and  am  employed  in  the  kinetoscope  and 
film  department  of  defendant’s  business,  having  charge 
of  the  photographing  exhibition  and  sales  rooms  of 
the  Company,  located  at  No.  41  East  21st  Street  in  the 
Borough  of  Manhattan.  In  my  position  I  am  brought 


^  S.  White. 


in  contact  with  exhibitors  of  and  dealers  in  Kvh 
pioture  apparatus  1  f  lm  ]  „  ^ 

"  f  «»  conditions  oxisting'in  the  trade  q"amted 

Wnsh^tononthis  .nission  on  NovoX-  Vl«£ 
>x  w  co,nplaiuant  s  ollico,  No.  627  E  Street 

me,  both  having  made  purolmses  from  me  on  behalf  It 

s “s  “"T- >” «  rz 

itself  out  aXowhTtc  °",L0  .Umt  “mplaiuant  held 

80  01  ele  So  et:  t  ^  ^  b 8  ** 

a ,  ...  tlos  11  “  Short  Notice”,  and  iUV 

-  !fet0a7eoftl.e  samemodelVns  fut^sC^rr 

i:S:  Mr'isr; 

machines  “Kllf  ‘  1 

1  S!l"  1)0  earners  for  taking 


86 


organization  as  would  bo  required  to  supply  the  de¬ 
mand  if  the  defendant  was  enjoined.  So  far  us  I  am 
•able  to  learn,  the  complainant  is  making  no  effort  at  the 
present  time  to  meet  the  demands  of  the  trade,  aud  is 
not  oQ'eriug  living-picture  apparatus  either  for  sale  or 
for  vent. 

I  attach  hereto,  marked  Exhibits  A  and  B,  copies  of 
commercial  reports  ou  the  complainant. 

.  Author  S.  White. 

.Subscribed  und  sworn  to  be-  1 
foro  mo  this  9th  day  of  > 

December,  1902.  5 

Jno.  Bout.  Tailor, 

[seal.]  Notary  Publio,  Kings  Oounty, 

Certificate  filed  in  New  York  County. 


Exhibit  A. 

AEMAT  MOTION.  PICTUBE  CO. 

Washington  D.  C. 

July  6th,  1902,  jjl  027  E.  St.  N.  W.,  Armat  Moving 
■Picture  Co.,  inquired  for. 

S.  B.  Dauiol  is  president,  Tlios.  Armat,  Vice-Prest., 
Chns.  M.  Campbell,  Trens.,  and  W.  G.  Steward,  Secty. 
These  with  Prank  K.  Enymond  and  Walter  H.  Acker 
form  the  directory. 

Incorporated  under  the  laws  of  West  Virginia,  May 
2nd,  1900,  authorized  capital  stock'  $1,000,000  repre¬ 
sented  as  full  paid  and  non-nssossible.  Par  value  of 
shares  $20.  Of  the  capital  stock  about  10%  was  trans¬ 
ferred  back  to  the  company  and  is  being  quoted  at  $12 
to  $14. 

•  The  company  owns  and  contrails  the  patents  of  Tlios 
Armat  in  whose  favor  a  decision  was  handed  down  by 
the  patent  office  Feb.  8th,  1900,  giving  him  a  priority 
on  all  patents  on  projected  moving .  pictures.  They 


also  brought  suit  in  th0  (federal  Court  in  N.  Y.  State 
in  which  the  dooision  |,s»*  not  ns  yet  been  handed 
down  and  wlmt  the  unique  will  b»  caunot  be  ar¬ 
rived  at. 

This  company  nhsorlmd  the  American  ICiuetoscopo 
Co.,  with  all  its  intorom*  stock  for  same.  It  is 

boliovod  they  liavo  snn,0  valuable  patonts,  though  ns 
long  ns  tlio  matters  roilmj*»  •>*  the  courts  they  are  not 
in  a  position  to  push  t|,i«i«rt-  11  is  understood  they 
linvo  invested  iu  plant  ^“hinory,  etc.,  about  $35,000 
with  small  morohnndis0  ((abilities,  and  as  far  as  can  bo 
learned,  payments  havu  satisfactorily  met.  They 
seem  to  be  in  good  standi*’®  ftU<'  ^mvB  11  £l,*r  P'liut>  ')u*i 
tho  bulk  of  their  assutn  „re  io  the  P*lel)t  ri®1>ts,etc., 
and  no  one  will  plnoo  n  pecuniary  estimate  on  same. 

The  president  is  not  l!110'™  here.  Ho  is  a 

resident  of.  N.  Y.  and  Vioo-prosidQut  of  tho 

Standard  Eico  Co.,  0[  city.  The  Vice-president  is 

the  inventor  and  patent*  o£  the  device  and  has  been 
engaged  in  the  roal  osi„l4,  business  here  f0r  somo  years ; 
not  known  to  liavo  anvil,}*’®  financially  but  is  in  very 
fair  personal  standing  <f’lie  ’Treasurer  is  a  capitalist; 
ho  is  interested  iu  real  £n  this  city  to  somo  ex¬ 

tent  and  was  tho  p(i,|tfipal  owner  of  the  American 
Kinetoscope  Co.  St^.,.,.1  is  employed  in  the  pension 
.office  and  is  one  of  l|,0  .pvonfcors  of  the  machine  owned 
by  the  old  American  jjj^tftoscopo  Co.  and  is  a  man  in 
moderate  cironmstun<sM<  Raymond  is  a  life  insurance 
.man,  in  very  fair  pomon'^l  repute  hut  of  limited  menus, 
mid  Acker  is  a  roal  osla(<,  mom  in  fair  oitoumstanoes. 

The  company’s  alfajw  ,toaax  to  he  earofuHy  managed, 
stand  well  at  tlioir  bilnK,  and  thought  good  for  their 
reasonable  contracts,  J  P 


Exhibit  B. 


137— 11-20— 02— Cor. 


Ahmat  Motion  Picture  Company 

Mire.  . 


Washington,  D.  C. 

627  E.  St.,  N.  W. 

S.  B.  Daniel,  Prest. 

Tlios.  Armat,  V.  Prost.  ' 

Clms:  M.  Oampboll,  Trens. 

W.  G.  Steward,  Sooty. 

Directors  tho  above,  with  T.  Cushing  Daniel,  Prank 
K.  Baymond  and  Walter  H.  Aeker. 


They  formerly  conducted  business  under  the  style  of 
•Armat  Moving  Picture  Co.,  but  the  Treasurer  stated  to 
our  reporter  this  date  that  they  were  now  operating 
under  the  style  of  the  Armnt  Motion  Picture  Co.  Ho 
further  stated  they  had  brought  suit  against  persons 
infringing  placing  their  damage  at  §160,000  before 
judge  in  the  Snpreme  Court  of  New  York  State,  and 
were  waiting  for  the  verdict  from  him.  That  they  were 
operating  in  a  quiet  and  conservative  manner,  renting 
their  machines,  and  collecting  the  royalties  from  those 
•using  them,  but  that  the  business  of  the  company 
would  not  be  pushed  vigorously,  until  they  learned  the 
decision  of  the  court,  in  their  infringement  suits. .  The 
officials  of  the  company  were  not  inclined  to  give  a 
•detailed  statement  at  present,  as  they  considered  the 
time  was  not  suitable  for  it.  They,  however,  said  they 
were  paying  cash  for  their  wants,  and  were  not  asking 

On  October  10th,  1900,  Mr.  Armat  stated  verbnlly  :— 
This  company  was  incorporated  under  the  laws  of 
tho  State  of  W.  Vo.,*  May  2nd,  1900,  authorized  capital 
$1,000,000,  par  value  S20  fully  paid  in,  and  nou-ossess- 
able,  represented  by  patents.  This  company  is  a  con¬ 
solidation  of  the  N.  Y.  Photo  Projecting  Co.,  and  the 


American  Kinetoscopo'  Co.  The  assets  consist  prin¬ 
cipally  of  tho  pnteuts  of  the  two  companies,  and  such 
stock  and  plant  ns  belonged  to  the  Am.  Kinetoscopo 
Co.  at  the  time  of  tho  consolidation,  which  I  estimated 
at  about  $25,000. 

Those  consulted  sponk  favorably  of  the  invention 
controlled  by  this  company,  and  oxpress  the  opinion 
that  its  officers  arc  handling  tho  same  in  a  legitimate 
manner,  but  as  its  assets  consist  almost  entirely  of  its 
equity  in  certain  patent  rights,  no  estimate  of  their 
worth  is  offered.  The  President  is  a  resident  of  Now 
York,  managiug  the  Standard  Bice  Co.  Armat  is  tho 
inventor  of  the  machine,  and  Campbell  is  the  ex¬ 
president  of  tho  Am.  Kinetoscopo  Co.,  which  was  ab¬ 
sorbed  by  tho  above  concern.  He  is  reputed  a  man  of 
moans.  Steward  is  said  to  bo  an  electrical  engineer. 
T.  O.  Daniol  is  a  lawyer  by  profession.  Nothing  is 
hoord  derogatory  to  tho  integrity  or  staudiug  and 
ability  of  the  officers  and  directors. 

00—94 _ D  July  2nd,  1902. 


[21726J 


CHURCH  &  CHURCH, 


McGill  Ruudino, 
908  G  Sirbbt  N.  W. 


Washington,  0.  (-May  9  , 

Mr.  Frank  L.  Dyer, 

Orange , 

N.J. 


1906.;, 


&  '-’'Spit. 

U)„ 

\90o  ,• 


Dear  Sir!- 

Yours  of  the  8th  inst. ,  enclosing  copy  of  Judge 
Manning's  opinion  in  copyright  suit  of  American  Mutoscope 
Co.  vs.  Edison  Mfg.  Co.  was  duly  received.  So  far, so  good. 

I  doubt  very  much  whether  the  suit  will  be  further  prosecuted. 

If  it  is, I  believe  we  can  win  out  on  the  merits,-  before 
Judge  Lanning  on  non-infringement,  and  before  the  Court  of 
Appeals  on  non-infringement  and  invalidity  of  ■  copyright.  X 
notice  that  the  judge  leans  heavily  on  the  Court  of  Appeals 
decision  in  Edison  vs.  Lubin.  If  he  were  not  embarrassed  by 
that  decision  I  believe  he  would  hold  with  us.  We  do  not 
deny  that  a  positive  of  a  negative  may  be  copyrighted, where 
the  posing,  etc.  for  the  taking  of  the  negative  involved  author¬ 
ship;  but  we  do  insist  that  one  positive  of  many  separate 
negatives  may  not  lawfully  be  copyrighted  as  a.  photograph.  I 
am  having  a  copy  of  the  opinion  made  and  will  mail  the  original 
copy  back  to  you  tomorrow. 

Sometime  ago, I  wrote  Mr.  Gilmore  asking  him  to  make 
an  appointment  with  me  and  a  representative  of  the  Armat  Co., 


Dyer — 2 

In  New  York  City,  at  an  early  day,  to  discuss  a  plan  of  action 
for  mutual  benefit, in  the  moving  picture  business.  Mr. 
Gilmore's  office  replied  that  he  wasaway  from  home  and  would 
not  be  back  until  about  the  first  of  May,  when  I  -would  hear  from 
him.  Up  to  the  present  time, 1  have  not  heard  from  him,  and, 
if  he  is  at  home,  I  -wish  you  v/ould  jog  his  memory  about  the 
matter.  The  Araat  Company  has  taken  on  some  new  life  and  is 
anxious  to  press  to  a  hearing  its  suit  against  the  Edison 
Mfg.  Co. (the  one  your  brother  Dick  is  defending)  unless  3ome 
amicable  adjustment  can  be  made.  Mr.  Gilmore  will  in  no 
way  be  concluded  by  discussing  the  matter  with  a  representative 
of  the  Armat  Company  and  I  think  it  good  policy  for  him  to  do 
so,  as  the  outcome  may  be  the  saving  of  a  good  deal  of  expense- 
of  litigation. 

Very  truly  yours, 

EG 


< 


CHURCH  S  CHURCH, 


Mr.  Frank  L.  Dyer, 

Edison  Laboratory, 
Orange,  N.J. 


views. 


Yours  truly, 


* 

W 


ApriltS,  I9fcf. 

^  t  M 


Dear  Sir:-  V  ^  '  X 

Mr,  Armat  has  an  idea  which  he  has  given  expression^ 
to  in  the  enclosed  letter, which  I  pass  on  to  you  for  what 
it  is  worth.  Porhaps  this  may  be  a  way  out  of  the  liti¬ 
gation,  and  perhaps  not.  I  should  like  to  have  your 


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[ENCLOSURE] 


Arntcit  Untintt  jtrturg  Qtompana' 


Wjvsiiington,  D.  O., 

April  l,  1907. 


Mr.  Melville  .  Church, 

Me  Gill  Bldg., 

Washington,  13.0. 

Deer  Mr.  Church  *.- 

The  moving  picture  business  has  reached  a  point  where  I 
believe  large  royalties  could  be  collected  under  our  patent,  if  the 
Edison  Company  would  join,  or  rather  acquiesce  in  the  matter. 

The  situation  is  this:-There  have  recently  sprung  up  in 
the  country  a  larger  number  of  Five  Cent  .Theatres.  Some  of  these 
places  are  elaborately  and  expensively  fitted  up.  They  are  making 
a  profit  of  from  sixty  to  five  hundred  per  week.  I  believe  there 
are  a  thousand  or  more  of  them  in  this  country  today,  and  they  are 
rapidly  increasing  in  number. 

They  each  have  a  "local  habitation  ard  a  name",  and  are 
therefore  very  come-at-able .  They  are  a  very  different  proposition 
from  the  moving  picture  exhibitor  of  a  year  ago. 

I  believe  we  could  collect  a  royalty  of  an  average  of 
five  dollars  per  week  from  each  of  these  places  without  hurting 
them.  This  would  amount  to  3 5000  per  week. 

If  an  arrangement  could  be  made  v/ith  the  Edison  Company, 
pending  the  final  decision  in  our  case,  by  which  this  could  be 
accomplished,  v;e  would  be  willing  that  they  should  get  a  large  slioe 


[ENCLOSURE] 


Arrnat  ilottnn  prtitre  (Hampam, 


Washington,  D.  O., 

of  the  money  collected.  This  would  be  30  much  clear  profit  to 
them,  as  it  would  not  affect  their  sale  of  machines  or  films  in 
the  least. 

If  there  are  any  special  parties  that  they  do  not  want 
disturbed,  this  could  of  course  be  arranged.  There  must  be  a 
large  number  of  these  people  who  have  been  more  or  less  unfair  to 
the  Edison  Company,  and  this  scheme  would  present  a  good  oppor¬ 
tunity  of  getting  bach  at  them.  In  fact  I  think  it  might  be  so 
arranged  as  to  throw  additional  business  to  the  bdison  Company  in 
the  sale  of  machines  and  films,  by  handicapping  Powers  and  hub in, 
and  other  makers  of  machines. 

I  will  be  very  glad  if  you  will  see  what  can  be  done  in 
this  direction  as  soon  as  possible. 

Yours  very  truly, 


Melville  Church,  Esq,, 

900  -  G  Street, 

Washington,  D.C. 

Dear  Mr,  Church 

Your  favor  of  the  8th  inst.  is  received 
enclosing  the  letter  from  Mr,  Annat.  Perhaps  I  am  more  dense 
than  usual  this  morning,  hut  altho  I  have  read  Hr.  Armat’s 
letter  several  times,  I  must  say  that  I  cannot  see  vrtiat  he  is 
driving  at.  If  he  will  take  up  the  matter  again  and  make  it 
a  little  clearer  I 'will  he  very  glad  to  put  it  up  to  my  clients. 
Yours  very  truly,  > 

PLD/ARK. 


CHURCH  S  CHURCH, 


Washington,  0.  o.  Hay  7  ,  1907. 

Mr.  Frank  L.  Dyer, 

Edison  laboratory. 

Orange,  H.J. 

Dear  Sir:- 

Yours  of  the  4th  inst.  received.  I  enclose  here¬ 
with  a  copy  of  a  letter  from  Mr.  Thomas  Armat,  together  with 
a  copy  of  his  patent  578,186,  referred  to  therein.  This 
letter  add  patent  should  be  taken  into  consideration  in 
arranging  a  plan  of  cooperation. 

Yours  truly, 


[ENCLOSURE] 


May  4,  1907, 

Mr.  Melville  Church. 

Me  Gill  Bldg, , 

Washingtob,  D.  C. 

My  Dear  Mr.  Church: 

It  occurs  to  me  that  my  patent  578,185,  a  copy  of 
which  I  am  sending  you  by  same  mail,  could  be  used  to  advan¬ 
tage  in  connection  v/ith  the  proposed  Edison  cooperation. 

Every  machine  now  being  made  in  this  country  em- 
ploys  the  small  drum  and  the  intermittent  gear,  covered  by 
the  claims  of  the  patent.  * 

There  are  four  principal  manufacturers  of  these 
machines,  the  Edison  Company,  S.  Lubin,  N.  Powers  and  a 
Chicago  concern,  called  the  Optograph  Co. 

The  Edison  Company  first  brought  out  a  machine  hav- 
ing  an  eccentric  beater  for  intermittently  moving  the  film. 

was  an  oxact  duplicate  of  the  model  1  furnish¬ 
ed  Raff  &  Gammon.  Lubin  duplicated  this  machine  about  six 
months  after  its  appearance.  Edison  then  brought  out  his 
present  machine  having  the  intermittent  gear  of  the  above 
mentioned  patent  578,185.  This  was  about  six  months  after 
my  for  this  patent*  About  a  year  after 

this  Lubin  began  making  machines  like  the  Edison  machine  iust 
referred  to,  and  about  two  years  or  more  after  Lubin,  Powers 
started  in  to  make  these  machines  and  all  of  them  have  con- 
tinued  to  make  them  up  to  this  time  and  I  believe  that  98$ 
ln  U4S®  ir\  this  country  today  are  machines 
employing  the  intermittent  movement  of  patent  578,175, 

1  Relieve  this  patent  to  be  absolutely  good  against 
all  these  makers,  with  the  possible  exception  of  Edison 
inasmuch  as  Edison  brought  out  a  machine*  before  the  issue 
of  this  patent  and  it  might  be  that  he  got  it  up  entTrelv 
independent  of  anything  that  I  did,  but  I  know  the  others 
did  not.  Lubin  was  the  first  one  after  Edison  to  make 
these  machines  and  it  happens  that  some  time  after  the  issue 
of  patent  578,175  I  was  in  his  store,  and  not  knowing  who  I 
t00k  d0vm  to  his  shop  to  8how  me  the  new  machine 
that  he  was  then  getting  up.  This  machine  employed  this 
movement* 


n  mexeiora  seems  to  me  that  this  patent  could  be 
^Lantf^°USl?,U!ad  in  coi™ectlon  with  the  patent  we  have  be 
suing  under,  if  the  proposed  Edison  deal  is  consumated. 


Yours  very  truly, 
THOMAS  ARMAT. 


Hr.  Frank  L.  Dyer, 

Edison  Laboratory, 

Orange,  N.J. 

pear  Sir:- 

I  send  herewith  a  copy  of  the  outline  of  agreement 
which  the  Armat  Company  is  willing  to  make  with  the  Edison 
Company,  in  regard  to  the  moving  picture  exhibiting  machine 
patents.  I  wish  you  would  take  this  matter  up  with  your  people 
and  dispose  of  it  one  way  or  the  other,  definitely.  If  your 
poople  conclude  to  reject  the  proposed  agreement,  or  one  like  it, 
I  would  like  to  have  you  advise  me  to  that  effect, and  then  have 
you  proceed  with  the  completion  of  your  proofs, in  ordor  that  wo, 
in  turn  may  complete  ours  and  gat  ready  for  the  hearing. 

The  Armat  Company  feel  that  there  has  been  a  long  and  unprofit¬ 
able  delay  in  the  suit  and  that  the  latter  ought  to  be  brought 
to  a  conclusion. 


Yours  truly. 


[ENCLOSURE] 


COPY, 


The  Armat  Company  to  proceed  against  all  Five  Cent 
Theatres,  and  similar  places,  and  to  collect  royalties  from 
samd,  the  Edison  Company  to  receive  25$  of  the  gross  amount  of 
such  royalties  (or  50$  of  the  net  amount).  Such  places  as  may 
now  be  using  Edison  Machines,  to  have  their  royalties  remitted, 
if  the  Edison  Company  so  desires.  It  is  suggested  as  equit¬ 
able  that  in  case  the  division  is  on  the  basis  of  gross  receipts, 
the  Armat  Company  is  to  be  allowed  10$  of  gross  receipts  for 
legal  expenses  before  the  division  of  75$  and  25$  occurs. 

If  the  Edison  Company  objects  to  suits  against  owners 
of  Edison  machines  as  above  provided,  the  Armat  Company  and  the 
Edison  Company  to  agree  as  to  what  places  are  to  be  proceeded 
against. 

The  Edison  Company  to  agree  to  lease  machines  in  the 
future,  instead  of  selling  them,  or  to  sell  them  in  such  a  way 
that  they  can  control  the  manner  of  their  use,  and  to  provide 
in  case  of  Nickelodeons,  and  similar  places,  for  the  payment  of 
royalties.  It  is  suggested  that  the  Edison  Company  could  lease 
the  machines  for  personal  use  for  99.  years,  for  a  cash  considera¬ 
tion  equal  to  their  present  selling  price.  The  price  bo  re¬ 
ceived  to  entirely  to  the  Edison  Company,  but  the  Edison  Com¬ 
pany  is  to  provide  that  -where  these  machines  are  used  in  Ni'chel- 
odeons  and  similar  places,  royalties  are  to  be  paid,  and  these 
royalties  to  go  to.  the  Armat  Company  and  the  Edison  Company  as 
above  provided. 


[ENCLOSURE] 


In  case  by  the  above  mentioned  agreement,  the  Edison 
Company  should  receive,  per  year,  from  the  leaso  of  machines, 
mors  than  they  have  received  in  tha  past  year  from  the  sale 
of  machines,  tho  Armat  Company  to  participate,  in  a  proportion 
agreed  upon,  in  the  profits  of  such  increase. 


NATIONAL 


May  27,1907. 


Melville  Church,  Esq., 

Washington,  D.C. 

Dear  Mi-,  Church :- 

Youre  of  the  25th  inst.  with  enclosed  propo¬ 
sition  from  Hr.  Am, at  finds  me  just  leaving  the  office  and 
X  expect  to  ho  away  all  of  the  week.  Mr.  Armat 's  proposi¬ 
tion  cannot  ho  accepted,  because  it  involves  the  payment 
of  royalties  on  Edison  machines.  I  am  quite  sure  that  my 
clients  would  go  no  further  than  to  agree  to  an  arrangement 
under  which  they  will  take  a  license  under  the  Armat  patent, 
giving  to  Mr.  Armat  such  moral  assistance  as  they  could  in 
connection  with  his  crusade  against  other  infringing  machines'. 
Under  the  circumstances,  therefore,  I  suppose  there  is  nothing 
to  be  done  except  to  go  ahead  with  the  suit. 

Yours  very  truly, 


ELD/ARK. 


NICHOLAS  POWER  COMPANY 


MANUFACTURERS  OB' 

MOTION  PICTURE  APPARATUS 

(Patent*  of  Nicholas  Power) 

116-117  NASSAU  STREET 

NEW  YORK  Noy  9  1907. 

POWER'S  OAMKRAGRAPH  •  * 

FIREPROOF  MAGAZINES  FAOTOKYl  1* 

AUTOMATIC  TAKE-UP  DEVICE 
AUTOMATIC  XTXjM  SHIELD 
AND  ACCESSORIES 


Mr.  H.  H.  Dyke, 

Assistant  Counsel,  • 
Edison  laboratory, 
Orange ,  N.  J. 


My  Dear  Mr.  Dyke: 

Your  letter  inquiring  about  disclosure  of  a 
star-wheel  devioe  whioh  would  probably  anticipate  the  Armat 
patent  #578186  Just  reoeived. 

The  data  which  I  referred  to  in  Bpeaking  of  this 
matter  was  an  early  catalog  iBBued  by  the  Boston  Gear  Works 
of  Boston,  Mass.  I  have  not  seen  the  oatalog  myself  but' 
the  Proprietor  of  the  Boston  Gear  Works  mentioned  it  to  me 
in  conversation  last  week.  I  think  a  communication  addressed 
to  the  Boston  G/tear  Works,  and  saying  that’ you  had  been  re¬ 
ferred  to  them  by  Mr.  Morton  of  the  Nicholas  Power  Company, 
would  probably  elioit  the  desired  information,  I  presume 
it  is  too  late  to  obtain  a  copy  of  the  catalog,  but  1  think 
that  very  likely  Mr.  Burgess  would  have  photos  of  the  pertinent 
parts  of  the  catalog  made  for  you. 


We  should  be  very  glad  to  co-operate  with  you  in 
fighting  any  suits  based  on  the  Armat  patents  to  the  extent 
of  procuring  such  evidence  as  we  may  be  able  to  looate.and 
will  also  be  glad  to  co-operate  with  you  in  planning  defenses. 


..  , ,  „  Incidentally,  one  of  our  customers  has  just  been 

threatened  with  a  suit  under  the  Armat  patents  in  Washington. 
“5  *5  threatening  suit  it  is  stated  that  Armat 

patent  #586953  was  sustained  in  suit  against  the  American 

I£?srapn  Co**  aa4  that  a  case  on  the  same  patent 
th«iqnDtw«En^An,C2mp2nS  was  deoiaed  by  Judge  laoombe  in 
District  of  New  York  in  favor  of  the  patent, 

sSm©  s^SeSfKd1  the  conrt  of  appeais 

own  impression  has  been  that  no  decision  had  been  reached  i? 


the  suit  against  the  Edison  Company  and  that,  in  fact,  the 
proofs  had  not  been  completed. 

Regarding  the  proposition  made  by  me  when  I  oalled 
to  see  you  and  Mr.  Dyer  last  week,  it  seems  to  me  that  it  is 
highly. desirable  for  the  principal  concerns  interested  in 
moving  pictures  in  this  country  to  get  together  as  soon  aB 
possible  and  endeavor  to  formulate  some  satisfactory  plan 
of  controlling  the  industry.  The  advent  of  new  and  irresponsible 
concerns  every  few  days  convinces  me  that  if  something  is  not 
done  along  the  line  of  a  consolidation  the  profits  of  the 
business  will  be  greatly  diminished  in  the  near  future. 

You  can  oount  on  me  to  acquiesce  in  any  arrangement 
that  promises  good  results,  and  I  shall  be  glad  to  go  out  to 
Orange  at  any  time .when  other  engagements  will  permit,  to 
go  over  the  situation  as  fully  as  may  be  desired. 

Another  matter  upon  whioh  you  oan  give  me  some  infor¬ 
mation  that  I  will  appreciate  is  the  EdiBon  patent  on  the  per¬ 
forated  film.  As  I  recall  the  conversation  with  Mr.  Dyer 
last  week,  he  statdd  that  suits  had  been  brought  on  thiB 
patent  but  no  one  had  ever  made  any  defense.  If  this  is 
correct,  why  is  the  use  of  the  perforated  film  permitted  on 
all  moving  pioture  machines  today?  Are  the  film  makers 
operating  under  lioense  or  in  defiance  of  the  patent?, 

I  have  'heard  of  some  other  evidenoe  whioh  may  be 
of  significance  in  the  suit  of  Armat  patent  #678185,  and  will 
follow  it  up  on  Monday.  If  it  is  of  any  importance  I  will 
advise  you  promptly.  — 

Yours  very  truly, 


NICHOLAS  POT 


?AHY. 


1X6  Dassau  Gt.,  New  York,  SJ.Y. 

Dear  Ur.  Morton 

r  have  written  the  Boston  Gear  Works  along  the  linoB 
which  you  suggested  in  your  letter  of  l'ovamher  9,  and  hope 
to  obtain  some  important  information  from  that  source.  We 
have  their  catalogue  for  1903  and  find  on  page  9  thereof 
a  disclosure  of  the  identical  Btar  wheel  device  used  by 
Armat,  and  if  they  issued  a  catalogue  early  enough  to  suf¬ 
ficiently  antedate  the  patent  it  may  be  very  valuable  in 
the  defense  of  that  suit.  I  thank  you  very  much  for  your 
kind  suggestion  reg^tdlng  the  Boston  Gear  Works  and  your 
further  statement  that  you  have  heard  of  Borne  other  evidence 
which  may  be  of  significance  in  the  suit  on  the  Armat  patent, 
and  that  if  it  turns  out  to  be  of  any  importance  you  will 
let  us  know.  1  hope  your  investigation  will  turn  up  some- 
tiling. 

Do  you  know  of  any  books  on  the.  moving  picture  art? 

I  should  like  to  make  a  oolleotion  so  far  as  possible  of 
the  available  literature  on  this  subject,  and  would  greatly 
appreciate  any  Information  that  would  assist  me  in  getting 
together  suoh  a  oolleotion.  Among  other  things,  I  would 


B.M.  Esq.,--  2—  Nov. 12,  1907 


like  to  get  together  as  many  catalogues  a b  poasihle,  and 
I  would  thank  you  very  much  for  a  copy  of  your  catalogue, 

'jAni,  if  it  is  not  too  much  trouble,  of  any  other  stray 
catalogues  of  which  you  may  happen  to  have  duplicate  c.opies- 
The  threatening  letter  to  which  you  refer,  respecting 
the  Arnnt  patents,  appears  to  have  been  a  little  misleading. 

As  a  matter  of  fact,  in  the  suit  against  the  EdiBon  Company 
a  preliminary  injunction  was  originally  granted  but  on 
appeal  that  injunction  was  dissolved,  and  since  that  time, 
as  you  suggest,  the  taking  of  proofs  for  final  hearing  has 
been  carried  on  in  a  fashion  which,  on  the  part  of  the  com¬ 
plainant,  has  been  somewhat  desultory,  and  the  taking  of 
such  proofs  has  not  yet  been  completed. 

My  recollection  ie  not  precisely  clear  on  the 
question  of  the  Armat  suit  againot  the  Mutosoope  Company, 
so  that  I  am  not  able  to  hazard  a  statement,  as  to  what  was' 
the  outcome  of  that  case,  hut  of  course  you  will  have  no 
trouble  in  looking  it  up  in  the  reports.  The  suitB  brought 
on  the  Armat  patent,,  no  far  as  I  know,  have  all  been  brought 
by  the  Armat.  Moving  Picture  Company. 

Mr;  Pyer  has  talked  with  Mr.  Gilmore  regaiid^gjfche* ' 
propositions  which  you  have  made  and  he  approves  of  your  sug¬ 
gestions  regarding  the  Schneider  interference,  so  you  can 
1(5!-. 

go  ahead  with  the  preparation  -of;..tho  necessary  papers. 

As  to  the  situation  regarding  the  business  comp^t'jltioq 


lie  has  suggested  that  it  would  he  well  for  you  to  take  this 
matter  up  and  thresh  it  out  with  William  I’elaer,  T2sq.,  who 
is  at  the  Hew  York  Office  of  the  Company,  Ho. 10  Fifth  Ave. 
Mr,  Falser  is  thoroughly  conversant  with  the  business  situa¬ 
tion  and  between  you  and  him  the  matter,  it  Beenm  to  me, 
should  ho  workod  out  in  ouch  a  way  as  to  oaks  the  business 
moat  successful  for  nil  concerned.  The  question  respecting 
the  iJdison  film  patent  can  also  ho  best  answered  by  Hr. 
Pelzer  who  thoroughly  understands  tne  situation  with  regard 
to  that  patent. 

Very  truly  yours, 


Assistant  Counsel. 


Company,  "both  relating  to  the  same  question,  namely, 
making  some  arrangement  with  Armat  so  aB  to  control 
the  Projecting  Machine  business,  it  seems  to  me 
that  this  is  a  good  scheme  if  it  oan  he  worked  out 
effectively.  You  know,  I  have  already  seen  Armat 
about  the  same  matter,  and  he  than  had  a  very  prac¬ 
tical  suggestion.  Possibly  some  effective  plan  might 
be  worked  out. 

I  have  not  answered  or  acknowledged  either 
letter,  but  will  do  so  after  you  have  read  them. 

Yours  very  truly, 

PLD/ARK.  General  Couns^ 


[ENCLOSURE] 


[ENCLOSURE] 


BAXTER  MORTON 
eAS3fiaj*»n»«» 


Jan.  30,  1908 


Mr.  Herbert  H.  Byke, 

Edison  labratoxy, 

Orange,  IT.  J. 


My  Hear  Mr.  Byke:- 

Your  two  letters  of  yesterday  just  received 
and  I  wish  to  thank  you  for  your  offer  to  place  at  my  disposal 
the  catalog  of  the  Boston  Gear  Norks,  which  you  obtained  sonc 
time  ago. 


I  do  not  know  as  yet  what  we  shall  do  in 
the  Armat  suit.  I  am  inclined  to  think  that  it  would  he  a 
good  tiling  for  the  Nicholas  Power  Oo.'  and  the  Edison  Company 
to  join  in  the  attempt  to  sustain  the  Armat  patents  rather  than 
to  have  them  invalidated.  I  have  told  Armat  that  I  thought  it 
would  he  a  good  thing  if  some  understanding  might  he  reached 
with  that  end  in  view,  and  he  seemed  to  think  well  of  the  idea 
after  I  had  pointed  out  its  oommeroial  signifioanoe,  and  nothing 
further  will  he  done  in  the  suit  against  us  until  we  have 
thrashed  this  matter  out. 

I  am. devoting  what  time  X  oan  to  a  considera¬ 
tion  of  the  soope  and  signifioanoe  of  the  armat  patent*  and  would 
like  to  arrange  as  spon  as  possible  for  a  oonferenoe  with  your 
people  to  determine  what  is  advisable  under  the  circumstance s. 

Can  you  arrange  a  meeting  for  me  with  the  proper  parties  connected 


[ENCLOSURE] 


with  your  oonoam  sometime  next  week  to  go  into  this  matter?  I 
suppose  you  would  want  to  have  both  the  legal  and  commercial  ends 
of  your  concern  represented,  as  both  of  those  phases  of  the 
matter  will  have  to  be  carefully  considered. 

Yours  very  truly, 


Legal  Department  Records 
Motion  Pictures  -  Case  Files 

Thomas  A.  Edison  v.  Sigmund  Lubin 

This  folder  contains  material  pertaining  to  the  suit  brought  by  Edison 
against  Sigmund  Lubin  in  the  U.S.  Circuit  Court  for  the  Eastern  District  of 
Pennsylvania.  The  case  was  initiated  in  June  1902  and  involved  the  alleged 
infringement  of  Edison's  copyright  on  the  film,  Christening  and  Launching 
Kaiser  Wilhelm's  Yacht  Meteor.  The  selected  items  include  the  bill  of  complaint 
and  brief  for  complainant,  along  with  correspondence  regarding  the  case  and 
its  subsequent  appeal  to  the  U.S.  Circuit  Court  of  Appeals  and  then  to  the  U.S. 
Supreme  Court.  Also  selected  is  the  decision  of  the  appellate  court,  which 
reversed  the  decision  of  the  lower  court  and  established  that  motion  pictures 
could  be  protected  in  the  same  way  as  still  photographs  under  the  Copyright 
Act  of  1865.  The  items  not  selected  include  pleadings  and  affidavits; 
correspondence  among  attorneys  and  members  of  Edison's  staff;  still 
photographs  of  the  Edison  film;  and  material  prepared  for  later  copyright 
litigation  over  Edison  films  such  as  Jack  and  the  Bean  Stalk  and  The  Great 
Train  Robbery. 


Howard  VI.  Hayes  Esq  .  ,  JiN  1  i  ^ 

Newark,  N.  ,T  .  , 

Dear  Sir;- 

V/e  enclose  you  herewith  corrected  copy  of  advertisement  to 
appear  in  the  New  York  Clipper.  Mr.  Edison  wished  some  chances 
made  in  the  draft  which  you  gave  our  Mr.  Shnttuck.  All  films  manuf ac tured 
hy  us  are  not  copyrighted,  and  you  will  notice  we  have  changed  the  ad. 
to  read  accordingly.  You  will  also  note  that  we  have  omitted  the 
wording  "Who  is  the  next  man  to  he  sued,  etc."  V.'e  think  this  would  he 
liable  to  invite  the  public’s  ill  will. 


JIW/ 


Yours  very  truly, 

EDISON  KANUEACTIIRINO  CO} 


Manager  Film  Dept. 


JNN. 


Type  "Q" Cell, 


EDISON  MANUF AC TIJRINO  COMPANY 
WARNING 

To  FILM  MAKERS  ,.  To  The  PUBLIC 

All  original  moving  pioture  films  manufactured  by  t,h*  Edison  Manu¬ 
facturing  Company  h aye  been  copyrighted  by  Thomas^ A.  Edison  An  the  Office 
of  the  Librarian  of  Congress,  Washington,  D.C.  ,A11  persons  manufacturing^, 
selling  or  exhibiting  spurious  copies  of  these  films. will  be  prosecuted. 

Suit  has  been  brought  in  the  United  Staten  Circuit.  Court  for  the  Eastern 
Distriot  of  Pennsylvania  against  8.  Lubin  of  Philadelphia  for  infringement 
of  our  copyrighted  film  "  Christening  and  Lamdhlng  Kaiser  Wilhelm's 
Yaoht  'Ketoor'".  We  bee  apeoially  to  advise  the  public  that  Lubin 
has  been  making  inferior  duplioate  prints  of  this  film,  advertising  it  in 
his  catalogues,  selling  it  to  the  publio,  and  thereby  leading  them  to 
believe  that  they  were  buying  an  original  pioture,  while  we  have  contracts 
to  show  that  we  had  the  exolusive  concession  from  the  TownBend  St  Downey 
Shipbuilding  Co.  8hooters  Island,  N.  Y.  for  making  Motion  picture*  of  thes^f 
ceremonies.  We  shall  prosecute  vigorously  all  infringement  of  our 
oopy righted  films. 


\ 


Dear  Sir: 

In  re  the  Lupin  case 

I  talked  this  over  fully  with  Messrs.  Edison  and  White 
and  advised  Mr.  Edison  that  it  is  your  opinion  that  the  case  should  be 
taken  to  the  Court  of  Appeals,  and  he  agrees  with  you,  so  you  can  pro¬ 
ceed  with  this. 

We  shall  continue  to  copyright  sich  films  as  we  think  it  necessary 
to  copyright.  It  camot  cost  us  a  great  deal  of  money,  except  for  the 
stook  that  is  used,  as  the  fee  is  very  small.  However,  this  is  a  mat¬ 
ter  that  I  have  yet  to  take  up  and  discuss  with  Mr.  White  further  and 
I  will  write  you  about  it,  so  that  the  next  time  I  see  you  we  can  dis¬ 
cuss  it  again. 


United  States  Circuit  Court, 
lias  torn  District  of  Pennsylvania. 


Thomas  ’ .  Edi son 


Siorjaund  XuMn. 


;  In  Equity 

;  April  Sessions,  190?.. 

i  No.  36.. 

Agreed  Statement  of  Pacts. 


It  is  agreed  between  counsel  that  this  case  shall  bo  heard 
on  bill,  answer  and  replication,  and  that  instead  of  thkinc  Proofs 
in  the  ordinary  way  the  following  facts  are  admitted  to  bo  true 
in  the  8-r.e  manner  as  if  they  wore  fully  proven  by  depositions. 

Thomas  A.  Edison  the  complainant  was  on  the  first  day  of 
February  1902,  and  over  since  has  been  a  citizen  and  i  osidont 


of  tho  State  of  N« v/  .Torse:'-. 

Jacob'  Blair.  Smith -tras  on  tho  first  day  of  February  1902, 
and  over  sin-c*  has  boon  a  citizen  and  resident  of  the 'State  of 

New  Jersey.  . ■'  ■' 

On  tho  25th  day  of  February  1902 ,  a  yacht  celled  the  Meteor, 

which  had  boon  bUilt  in  the  State  of  Hew  York  to  the  United  Stab, 
for  Kaiser  Wilhelm  the  Emperor  of  Romany,  v/as  launched  at  a 
place  called  Shooter's  Island  in  the  State  of  Hosv  Yorl:.' •  The  said 
Jacob  Blair  Smith  was  on  that  day  In  the  a,ploy.nont  of  tho  said 
Thomas  Ai  Edison  and  was  employed  by  the  said  Thomas  A.  o.dxson  to 
photograph'  the  lynching  of  the ; said  yacht  by  le  ans  of  a  camera 
adapted  for  talcing  photograph^-apid-  succession  from  a  single 

point  of  view,  Adapted  for  ropros anting  successive  positions  of 

a  moving  object  or  objects.  The  said  Jacob  Blair  Placed 

„  his  camera  prior  to  taking  any  of  said  photo(jraphit>d7 after  be- 


ing  placed  the  position  of  the  cnmora  ms  not  changed  excopt  that 
it  was  turned  on  its  support  by  Dtvid  Smith  so  as  to  keep  the 
moving  yacht  always  in  focus.  T;ie  sensitive  film  was  placed  be¬ 
fore  the  ions  by  mechanism  operated  by  hand  by  said  Smith  who  in 
tlxevt  way  ro;ailatod  the  mi  niber  ''of '  exposures  per  second’ .  In  all 
other  respects  the  operation  of  the  camera  was  'automatic,  por- 
t paying  whatever  passed  before  it.  Prince  henry,  the'  brother  of 
liaison  7/ilholm,  and  the  lion.  Theodore  Roosevelt,  the  president '■ 
of  the  United  States,  and  his  dautf'.tor,  Uiss  Roosevelt,  were ' 
present  at  the  said ■  launching,  and  photographic  views  of  than  were 
taken,  together  with  the  boat  during  the  said  launching.  The  re¬ 
sult  obtained  consisted  of  about  4500  successive  photographic 
views  each  view  being  made  by  a  comp!  or  o'  and  independent  photo¬ 
graphic  exposure,  dll  taken  from  the  some  point  of  view,'  on  a 
strip  of  sensitized  celluloid  film  about  500  feet  long  and  about 
an  inch  and  a  quarter  in  width.  These  views  or  photographs  were 
taker:  in  stupid  succession  arid  show  tho  said  Prince  Henry  rind  the 
president  of  the  United  'States  and  his  daughter  on  a  platform  in 
front  of  the  yacht,  end  show  Miss  Roosevelt  in  the  act  of  Christ on 
ing  the  yacht  by  brooking  a  bottle  containing  some  liquid,  and 
then  show  tlie  yacht  moving  down  the" Ways'  into  tho  wat or,  the  dif¬ 
ferent  views  showing  ’different  subjects  in  many  cases.  Immediate¬ 
ly  this  succession  of  views  on  the  said  film  were  taken,  tho 

nog^tivos  v/ero  developed  by  onployees  of  the  said  Thomas- A.  Mi- 
son  and  positives  were  printed  from  said  negatives.  The  purpose 
of  printing  these  positives  was  to  sell  them  to  the  public,  who 
by  means  of  an  appliance  similar  to  a  magic-  lantern,  could  throw 
these  views  on  a  screen  in  rapid  succession  so  as" to  give  the 
effect  of  actual  motion,  and  show  the  said  launching  as  it  actual- 


Tv/O  of  these  positive  films  together  with  the  title  "Ohrist- 

OuwS)  du.  SJ^0UBa2X<rf<(  h^(v('  £<-*- 

m'n  Vsw.i-H-  deposited 


eninc  and  launching  Falser  Wilhelm'.s  Ynoht  Moteor" 


by  an  employee  of  the  plaintiff  in  tho  Post  Office  at  Ornngo,  M.J, 
on  the  B^tli  tiny  of  February  1902  in  an  cinvolopo  with  postage  -pro- 
pni'cl,  directed  to  the  librarian  of  Congress  at  Washington,  D.E, 
and  yarn  roc oivod  recorded  nnd  filed  by  tho  librarian  of  Congress 
at  Washington,  D.  C.  on  o jr  before  the  20th  day  of  February,  1902. 

Tho  said  title  was '  recorded  and  filed  just  before  tho 
receipt  nnd  filinc  of  the  films.  The  said  photograph  or  photo¬ 
graphs  comp rising  the  successive  views  were  not  published  until 
'  after  the  20th  day  of  February,  1902.  Thereafter  the  said  Thomas 
A.  Edison  caused  said  photograph  or  photographs  consisting  of 
tho  said  succession  of  viows  to  bo  sold  to  the  public in  strips  " 
of  either  100,  200  or  500  foot  in  length.  At  the'  end  of  each 
strip  that  v/as  sold,  loaned,  given  away,'  or  published  ^t^him  was 
printed:  or  visibly  in scribed  on  a  celluloid  film,  pasted  on  ono 
end  of  ..the  celluloid  fi'lrrt  upon'  which  the  said  photographH-'wsro 
printed,  the  words  “Copyrighted  1902,  bi^  Thomas  A.  Edison" . 

This  notice  was,  however,  placed  only  at  the  end  of  each  strip  ■ 
as  shown  by  exhibit  1,  and  was  not,  printed  or  inscribed  on  each 


The  defendant;  Si  remind lubin ,  thereafter  purchased  a  strip. 

of  said  positive  film  about  10,0.  feet  long  containing  about  1500 

successive  views ;  which  said  strip  at  tho  time  he  purchased  it 

did  not-  have  on  its  oncV  or  elsewhere'  the  words" Copyrighted,  1902 
T*  fOOXbXUGO  j 

by  Thomas  A.  Edison"  or  any,  similar  notice  of  copyright  nor  was  ' 
the  defendant  aware  of  the  existence  of  said  cojiyright  claim. 


ter  having  purchased  the  said  positive  film  the  defendant  printed 
from  it  a  negative  film  on  a'  sensitized  colJ.uloid  strip  and  from 
said  nogativo  film  printed  positive  "films  on  sensitized  strips 
and  sold  one  of  said  positive  films  so  printed  by  him,  50  foot 
in  length,  to  one  .Tonies  H.  Kuulty,  at  Philadelphia,  on  the  12th  ' 
day  of  April  3.902,  and  sent  it  to  him  by  express,  at  Newark,  Nov 
Jersey,  on  April  15,  1902.  He  also  sold  to  the  same  James  K. 
Maulty,  at  Phi3.ade3.phia,  on  the  29th  day  of  May  1902,  a  stri  p  of 
said  positive  film  so  printed  by  him,  50  foot  in  length  which , 
together  with  the  other  piece  ho  had  sold  to  the  said  Nc-.ulty, 
made  up  a  strip  of  3.00  feet  in  length  'which  ho,  the  said  Siegnund 
lubiri,  had  printed  from  the  negative  film  made  by  him  as  above 
stated. 

The  folloY/ing  exhibits  presented  by 'the  complainant  on  the  . 
motion  for  preliminary  injunction,  heretofore  mride  in  this  case, 
are  admitted  in  ovidonee.  They  are  as follows:-  : 

Exhibit  1.  A  positive  film  100  feat  long,  containing  about ■ 
1500:  views,  which  is  identical  with  the  film  so3.d  by  Mr.  Edison 
as  above  sot  forth  and  is  identical  with  tho  film  purchased  by 
5i ega'UntV  lufriri ,  from  which  a  -negative  film  was  made  by  him  as 
above  described.  It  is  also  identical  with  part  of  the  photograph 
or  succession  of  photographs  copyrighted  by  Mr.  Edison  as  ubovo 
sot  forth.  " 

Exhibits  2  and  3.  The  said  two  50  feet  films  purchased  by  # 
said  Maul ty  from  said  Oiogfimnd  Tmb in. 

‘  Exhibit  4.  Certificate  of  the  T.ibrarian  of  Congress  of  the 
deposit  in  the  library"  of  Congress ■ of  the  title  and  photograph 
"  Christening  and  ‘launching  Kaiser  Wilho3m.'  s  Yacht  Meteor."  The 


samo  bolus  schedule  ono  unboxed  to  complainant '  a  bill 


Exhibit.  5.  ProdoocUnl;i5  of  the  issue  of  copyright  to  the 
said  Thomas  A.  Edison  of  the  said  photograph,  the  sumo  boinc  set 
oxit  at  lan;-th  in  parja^raplj  4  of  cowplui.  ant'  s  bill. 

Counsel  for  Thomas  A,  Edison 
'1  »->  7J , 

/Jr  rfyu^a/j-vuru^)  SUx>(<Jj—i . 

:  ’•/'  Counsel  for  f>iorjrmnd  I<ubin. 


UNITED  STATES  CIRCUIT  COURT. 
EASTERN  DISTRICT  OP  PENNSYLVANIA . 


Thomas  A.  Edison, 

Complainant 

VB 

Sigmund  Lubin, 

Defendant 


TO  THE  HONORABLE ,  T]ffi  JUDGES  OP  THE  UNITED  STATES  CIR¬ 
CUIT  COURT,  EOR  THE  EASTERN  DISTRICT  0?  PENNSYLVANIA. 

Thomas  A.  Edison,  a  oitizen  and  resident  of  the 
United  States,  and  of  the  Township  of  Wosrt: Orange ,  in  the 
County  of  Essex,  in  the  State  of  New  Jersey,  brings  this  hi  i 
bill  of  complaint  against  Sigmund  Lubin,  a  resident  of  the 
City  of  Philadelphia,  in  the  State  of  Pennsylvania,  and  in 
the  Eastern  Distriot  of  Pennsylvania,  and  thereupon  your 
orator  complains  and  says: 

1.  That  your  orator  now  is  and  for  more  than 
seven  years  last  past  has  been  engaged  in  the  business  of 
making  and  selling  photographs  representing  actual  motion, 
and  has  carried  on  said  business  under  the  name  of 
Edison  Manufacturing  Company. 

2.  That  on  or  about  the  twenty  fifth  day  of 
Pebruary/  nineteen  hundred  and  two,  your  orator  became  the 
sole  proprietor  of  a  certain  photograph  entitled 

1 


"Christening  and  Launching  Kaiser  Wilhelm's  Yacht  Meteor" 
#****•  /IImi, 

which  saicl  photograph  was  made  by  -p<M=&e»s,  employed  by  your  | 
orator  for  that  purpose,  upon  a  certain  negative  film 
which  said  film  was  afterwards  developed  and  the  photo¬ 
graph  taken  thereon  was  printed  upon  certain  films  called 
positive  films,  and  that  your  orator  became  the  exclusive 
owner  and  proprietor  of  the  said  photograph  on  or  about 
the  said  twenty  fifth  day  of  Februaiy,  nineteen  hundred  andj 
two,  and  before  the  same  had  been  published. 

3.  That  on  or  about  the  twenty  eighth  day  of 
February,  nineteen  hundred  and  two  such  proceedings  v/ere 
duly  had  by  your  orator  that  your  orator  did  on  said  day 
secure  a  copyright  of  said  photograph  pursuant  to  the 
Act  of  Congress  for  securing  copyrights,  which  took 
effect  July  8,  1870,  and  the  amencbicnts  thereto,  and  the 
said  copyright  -was  duly  issued  to  your  orator  under  the  harjd 
and  seal  of  the  Librarian  of  Congress,  and  the  original 
record  og  said  copyright  is  in  the  Library  of  Congress. 

4.  That  the  following  is  a  true  copy  of  suoh 
proceedings . 

"library  of  Congress,  Copyright  Department: 

Washington, 

Dear  Si.fi- 

Copyright  entry  had  been  duly  made  under  date 
of  Feb.  P.8,  1902,  in  accordance  with  your  application  of 
Feb.  2G ,  1902.  You  are  at  liberty  upon  receiving  this 
notice  to  print  your  article  vtith  the  Statutory  notice  of 
copyright.  Should  a  certificate  of  Copyright  be  desired  | 
please  remit  for  each  entry  the  legal  fee  of  50/. 

The  law  required  that  two  copies  of  the  best  edition 
of. each  article  copyrighted  shall  be  sent  to  the  Library  of 


Congress.  If  you  have  not  already  done  so  Alien  your  work 
is  printed  or  otherwise  produced.,  send  two  copies  suidres- 
sod  Librarian  of  Congress,  Copyright  Department,  Washing! oi, 
I).  C.  in  compliance  with  the  law. 

Bespoctfully,  The  Librarian  of  Congress , 
by  Thorwald  Solberg, 

Register  of  Copyrights." 

and  your  orator  has  annexed  to  this  bill,  and  makes  part 
hereof  a  certificate  of  copyright  of  the  said  photograph, 
marked  schedule  1. 

5.  That  two  copies  of  the  best  edition  of  said 
article  were  sent  to  the  Library  of  Congress  by  your  ora¬ 
tor  on  the  twenty  sixth  day  of  February ,  nineteen  hundred 
and  two,  and  were  received  and  filed  by  the  Librarian  of 
Congress  at  Washington,  D.  C.,  on  or  before  the  twenty 
eighth  day  of  February,  nineteen  hundred  and  two,  and  be¬ 
fore  the  publication  of  said  photograph. 

6.  That  your,  orator  gave  due  notice  of  said 
copyright  .by  printing  it  on  every  copy  of  said  photograph 
published,  to  wit,  by  inscribing  upon  some  visible  portion 
of  every  said  copy,  of  the  substance  on  which  the  same  w as 

mounted  or  printed,  the  following,  "copyrighted  1902,  by 
in  each  copy  of  said  photograph  published 
Thomas  A,  Edison,"  and  by  insertingAthe  following  words, 

to  wit,  copyrighted  1902,  by  Thomas  A.  Edison. 

7.  That  your  orator  begs  leave  to  make  said 
original  copyright  and  the  copy  thereof,  a  part  of  this 
his  bill  of  complaint,  and  to  refer  to  said  original  re¬ 
cord  i 

8.  That  your  orator  is,  and  ever  since  the  date 
of  February , twenty  fifth,  nineteen  hundred  and  two  has  been 
the  proprietor  of  said  photograph,  and  has  offered  for  sale 


3 


and  Bold  the  noma  with  the  said  not  loo  of  such  copy¬ 
right  printed  on  each  photograph  so  sold  hy  him  as  hereinaboi  ■« 
sot  forth. 

9.  That  said  photograph  was  taken  hy  means  of  a 
camera  invented  by  your  orator,  by  naans  of  which  succes¬ 
sive  views  of  the  same  object  arc  taken  from  the  some  point 
of  view,  ao  that  when  the  said  views  are  successively  thrown 
upon  a  screen  by  manna  of  an  appliance  similar  to  a  magic 
lantern,  the  appearance  of  actual  motion  is  given  to  the 
observer,  and  that  the  said  sucoenslvc  views  were  taken 

on  one  negative  consisting  of  a  strip  of  film  about  three 

film 

hundred  feet  long,  and  that  from  said  negative, ^positive 
films  of  varying  lengths  have  been  printed  by  your  orator 
in  the  course  of  his  regular  business,  and  sold  to  the 
publio  for  the  purpose  of  having  them  reproduced  as  above 
described  to  give  the  effect  to  the  observer  of  aotu.nl 
motion,  smd  that  each  view  is  not  doldby  itself,  but  are 
sold  in  numbers  together,  being  printed  on  one  atrip 
for  the  foregoing  purpose  and  constituting  one  photograph. 

10/  That  the  object  photographed  lay  your  orator 
as  above  .set  forth  was  the  launching  of  the  Yacht  Meteor 
which  was  built  in  the  United  States  for  Kaiser  Wilhelm 
the  Emperor  of  Germany;  that  the  said  launching  took  place 
at  Shooter's  Island  in  the  State  of  Mew  York,  and  was  a 
matter  of  great  interest  to  ell  oitiaons  of  the  United 
States  and  all  other  countries.  That  the  brother  of  the 
said  Kaiser  Wilhelm,  Prinoe  Henry,  and  also  the  President 
of  the  United  States  and  Ms  daughter,  were  present  at 
said  launching ,  and  stood  on  a  platform  at  the  bow  of 
the  boat,  which  added  greatly  to  the  internet  taken  by 
the  publio  in  the  launching  of  the  said  boat;  that  the 


photographs  so  taken  W  your  orator  shows  t,ho  said  Yacht- 
in  the  act  of  bo inf;  launched,  and  also  shows  the  President 
of  the  United  States  and  the  said  Prince  Henry  and  the 
daughter  of  the  President  of  the  United  States  upon 
tho  said  platform;  that,  the  said  boat  was  christened  by 
the  daughter  of  the  President  of  tho  United  States  by  break¬ 
ing  upon  its  side  a  bottle  containing  some  liquid,  and  that 
the  said  photograph  shows  tho  said  daughter  of  the  Presi¬ 
dent  of  tho  'United  fit  at  on  in  the  not  of  christening  the 
said  boat  by  brooking  the  said  bottle,  and  that,  the  said 
positive  films  printed  from  the  said  negative,  when  thrown 
upon  a  screen  by  nouns  of  appliances  like  a  magic  lantern 
as  above  described  give  to  the  observer  a  truthful  picture 
of  I* ho  christening  of  the  fluid  boat  and  of  tho  launching 
thereof,  and  shows  tho  said  President  of  the  United  States, 
tho  said  Prince  Henry  and  tho  said  daughter  of  tho  Prosiden 
of  the  United  Utah, on  as  aforesaid. 

11.  That  by  reason  of  tho  snfid  boat  being  built 
for  the  said  Pliporor  of  Germany  and  by  reason  of  the 
presence  at.  thonnid  launching  of  the  persons  above  not 
forth,  the  said  photograph  is  well  known  to  tho  public 
and  is  much  valued  by  them  and  tho  reproduction  of  it 
upon  a  screen  an  above  sot  forth  is  much  sought  after  by 
the  public  and  many  persons  derive  a  large  source  of  in-  ,  ! 
come  by  exhibiting  the  said  photograph  as  aforesaid  at 
theatres  and  other  public  places,  so  that  your  orator  has 
Bold  large  numbers  of  said  films  which  nro  called  in  the 
trade  "Positive  films",  and  has  derived  and  still  is  de¬ 
riving  large  profits  therefrom,  and  expects  horoaftor  to 
continue  to  derive  largo  profits  as  aforesaid. 

1?..  That  ^yx^tjf-ing  an  hereinafter  not  forth 


your  orat.or  ha;:  boon  in  tho  oxclusivo  quiot  use,  onjoy- 
mont.  and  profit,  of  t.ho  said  photograph,  and  hi  a  rights 
thereto  havo  boon  v.n Ivor sally  aoquioscod  in  by  tho  public, 

13.  That  notwithstanding  tho  quiot  use,  enjoyment, 
and  profits  of  your  orator  in  said  photograph,  and  of  t.ho 
copyright  protecting  and  reserving  t.ho  same  and  all  righto 
t’o rounder  to  your  orator,  tho  defendant  f-igmund  T.uhin 
woll.  knowing  tho  promises,  and  of  your  orator's  copyright, 
and  wilfully  disregarding  your  orator’s  rights  and  thoro- 
aftor  and  in  tho  months  of  April  and  JCay,  in  tho  year  nine-] 
toon  hundred  and  two  wrongfully  and  fraudulently  prepared, 
published  and  offered  for  sale,  and  did  sell  at  tho  City  ofj 
■Philadelphia  aforesaid  and  olsowhoro  in  various  Cities  of 
tho  Unitod  States  a  copy  of  t.ho  said  photograph  copyrighted] 
as  aforesaid  by  your  orator  in  nineteen  hundred  and  two, 
under  tho  titles  "haunch  of  tho  Hotoor",  and  "haunch"  end 
threatens  to  continue  such  sales,  all.  of  which  wan,  and  stit 
is,  being  done  with  intent  t.o  docoivo  end.  defraud  the  pub-| 
lie  and  the  buyers  and  users  thoroof ;  and  tho  said  defen¬ 
dant  has  published  and  sold,  and  is  publishing  and  soiling 
said  photograph  called  "haunch  of  1'otoor*  and  "haunch", 
which  is  a  substantial  copy  and  identic el.  with  your  orator1 
aforesaid  copyrighted  photograph  and  throatons  and  intends 
io  continue  such  publishing  and  sales. 

14.  That  tho  said  defendant  surreptitiously  and 
fraudulently  purchased  from  your:  orator  or  from  some  person 
to  whom  your  orator  had  so?.d  tho  same  after  its  copyright  a 
aforesaid,  one  of  said  copyrighted  photographs,  with  tho  in 
tontion  of  copying  the  same  and  selling  the  said  copies  in 
derogation  of  your  orator’s  said  right,  and  after  so 


pur-chasing  the  sold  photographs  the  said  defendant  did  by 
photographic  moans  make  copies  of  the  SRid  photographs, 
and  sold  thorn  to  t.he  public  under  the  said  title  as  aforo- 
said  and  threatens  and  intends  to  continue  to  make  and  sell 
the  some  as  aforesaid,  although  well  knowing  that  the  said 
photograph  had  been  copyrighted  by  your  orator,  and  that 
such  manufacture  and  sale  of  the  same  was  a  wrongful 
invasion  of  your  orator's  said  rights. 


IS.  That  such  imitation  of  tho  said  photograph 
of  your  orator  and  such  sale  of  the  some  is  calculated 
to  doceive  the  public,  and  actually  has  and  si  ill  does 
mislead  many  of  thorn  to  buy  said  photograph  so  wrongfully 
sold  by  the  said  defendant  under  tho  namos  "launch  of  the 
?rot;eor"  and  "launch",  because  they  have  and  contain  tho 
RR7U  views  as  tho  said  photograph  copyrighted  by  your  orator 
and  sold  by  your  orator,  greatly  to  the  diminution  of  your 
orator's  said  business  and  profits. 


16.  That  by  reason  of  tho 'premises  and  the 
wrongful  acts  of  the  defendant  as  aforesaid,  your  orator  ha|f 
been,  injured  to  the  amount  of  five  Thousand  Hollars,  and 
is  still  being  injured  by  tho  continued  sale  and  publica¬ 
tion  by  the  defendant  of  the  said  photograph,  published  and| 
sold  as  aforesaid  hy  him  under  the  titles  "Launch"  and 
"Launch  of  th-  Meteor",  although  the  do fondant  was  duly  not¬ 
ified  by  your  orator  a  long  time  prior  to:  the  commencement 
of  this  action  that  your  orator’s  said  j)hotograph  had  been 
copyrighted  by  your  oratorjand  tho  defendant,  to  the  injury 
your  oratorhas  thereby  unjustly  and  unlawfullymade  and  stiUll 
makes  great  gainsand  profit  which  belong  byright., and  accordii 


law  to  your  orator,  to  your  orator’s  groat  damage  and 
Injury. 

And  your  orator  presents  to  this  Court  an  exhibits 
in  connection  with  thin  b .13.1  ono  of  tho  photographs  copy¬ 
righted  by  your  orator  and  sold  by  him  as  aforesaid,  marked 
at  tho  end  "Exhibit  1"  and  N'MS.fSmitb’’  and  contained  in  a 
box  upon  which  in  the  label  "Christening  and  Launching  of 
tho  Kainor’n  Yacht  Kotoor”,  and  also  two  of  the  copies  of 
the  some  made  and  sold  an  aforonnid  by  defend  fait,  oho  of 
which  copies  is  marked  "J.H.H. "  and  "J.n. Smith"  end  con¬ 
tained  in  a  box  labelled  with  the  title  "Launch  of  the 
T'oteor"  with  the  initials  "J.J7.W. "  marked  on  said  label,  an? 
the  of.!' or  marked  "J.H.H. "  5,  contained  in  u  box  labelled 
with  tho  title  "Launch"  and  marked  with  tho  initials  "7. H. T" 
on  said  label,  the  said  two  last,  named  oopion  being  each  a 
copy  of  a  portion  of  your  orator’s  said  copyrighted  phota- 
gritph. 

All  of  which  actings  and  doings  aro  contrary  to  eq¬ 
uity  and  good  conscience  and  uro  done  to  tho  manifest,  in¬ 
jury  of  your  orator  in  the  premises* 

17.  Your  orator  therefore  prays  as  follows: 

(1)  That,  the  said  defendant.  Sigmund  Lubin 
may  bo  required  by  decree  of  this  Honorable  Court  to  ac¬ 
count  for  an  pay  over  to  your  orator  nuch  gains  and 
profits  as  have  accrued  or  arisen  or  boon;  or  re¬ 

ceived  by  tho  said  defendant,  by  reason  of  said  unawlful 
doings  and  all  such  gains  and  profits  as  would  have 
accrued  to  your  orator,  but  for  tho  unawlful  doings  of 
said  defendant,  and  all  damages  your  orater  has  sustained 
thoroby. 

(?,)  That  the  defendant  be  compelled  by  an 
order  of  this  Court  to  deliver  up  t,o  your  orator  all  the 
copios  of  your  orator’s  said  copyrighted  phett 


to graphs  in  the  possession  of  the  do  fondant  and  all  nega¬ 
tive  films  there  ; 

(3)  That  tho  do fondant  and  his  associates, 
attorneys,  servants,  clerks,  an ant s  and  workmen  may  be 
perpetually  enjoined  end  restrained  by  writ  of  injunc¬ 
tion  issuing  out.  of  and  under  tho  seal  of  this  Honorable 
Court  from  directly  or  indirectly  using  or  causing  to  bo 
used,  selling  on  causing  to  be  sold  any  copies  of  your 
orator-  :s  said  coprighted  photograph  not.  purchased  from  your 
orator. 

(4)  That  your  Honors,  will  grant  unto  your 
orator  a  preliminary  injunction  issuing  out  of  and  under 
tho  seal  of  this  Honorable  Court  onjoining  and  restraining 
the  said  defendant  and  his  associates,  attorneys,  servants, 
clerks,  and  workman  to  the  same  purpose ,  tenor  and  effect 
an  hornin«^*v~*r5  prayed  for  with  rogard  to  tho  said  perpet¬ 
ual  injunction. 

(5'  That  tho  said  dofondant  may  he  decreed 
to  pay  tho  costs  of  thin  suit . 

(<>)  That  your  orator  may  lave  such  other  and 
further  roliof  as  the  equity  of  the  case  may  require. 

To  tho  end  therefore,  that  tho  said  dofondant 
may,  if  ho  can,  show  why  your  ortitor  should  not  have  tho 
roliof  ho re by  prayed  for,  and  may  full  true  and  direct 
answer  make,  hut,  not  undor  oath,  answer  under  oath  boing 
expressly  waived,  according  to  the  host  and  utmost  of  his 
knowledge,  remembrance  and  boiler  t.o  tho  several  matters 
hereinabove  and  set  forth,  as  fully  and  particu¬ 

larly  as  if  the  stone  we---  rojioated  paragraph  by  paragraph 
and  the  said  defendant  thereto  specifically  interrogated. 

Kay  it  please  your  Honors  to  grant,  unto  your 
orator  a  writ  fif  subpoena  ad  respon  dendum  issuing  o^Ct  $ 

9. 


of  and  under  the  seal  of  this  Honorable  Court  directed  to 
1;ho  Raid  do  fondant  Sigmund  Lubin,  commanding  him  to 
ftppoar  and  make  answer  to  this  hill  oj~  complaint,  and  to 
perform  and  ahido  by  such  orders  and.  docrees  heroin  as  to 
this  Court  nay  soon  Just. 

And.  your  orator  vrill  ever  pray  etc. 

Solicitor  and.  of  counsel  for 
Com'lainanl. . 


10. 


UNITED  STATES  CIRCUIT  COURT, 


\ 


EASTERN  DISTRICT  OE  PENNSYLVANIA . 


THOMAS  A.EDISON, 

Complainant . 

VS. 

SIGMUND  DUB IN, 

Defendant . 


IN  EQUITY. 
BRIEE  EOR  COMPLAINANT . 


This  case  comes  on  for  final  hearing  on  an 
agreed  state  of  facts.  That  statement  1b  so  concise 
that  it  is  needless  to  repeat  it.  The  important  facts 
are  as  follows:  The  complainant  owns  a  negative  of  a 
photograph, taken  hy  a  machine  of  his  own  invention,  of 
the  launching  of  a  yacht.  This  negative  consists  of 
about  forty  five  hundred  photographic  views  taken  in 
rapid  succession  and  so  made, that  a  positive /twteen  from 
it  caw  he  thrown  upon  a  screen  hy  means  of  a  machine 
similar  to  a  magic  lantern,  and  give  the  appearance  of 
the  actual  motion  of  the  launching  of  the  yacht.  Photo¬ 
graphs  were  printed  from  this  negative  film  and  were 
duly  copyrighted.  Only  one  copyright  was  taken  on  each 
photograph,  and  the  notice  of  copyright  on  those  Bold  was 
put  on  the  end  of  the  film  and  not  on  each  picture. 

The  defendant  purchased  one  of  these  positive  films  in 
the  open  market,  from  which  the  copyright  mark  had  been 
removed.  He  then  printed  from  it  mechanically  a  nega¬ 
tive  film,  and  from  that  negative  film  printed  positive 
films  and  sold  them.  These  positive  films  sold  by  the' 
defendant  are  identical  with  the  one  copyrighted  by  the 
complainant,  except  that  on  account  of  the  successive 
printings  they  lack  detail  and  have  other  defects. 

The  following  questions  arise: 


2. 


noea  the  removal  of  the  notice  of  copyright  hy 
some  third  party  before  the  purchase  by  the  defendant  } 
permit  the  defendant  to  make  and  sell  copies  of  the  copy¬ 
righted  photograph  ?  This  is  answered  in  the  negative, 
in  the  case  of  Faulk  v.Gast,  54  Fed.Rep,  890, ^and  I  can 
add  nothing  to  the  reasoning  of  that  case. 


Does  the  photograph  in  question  show  such  ar¬ 
tistic  skill  as  to  make  it  the  subject  of  copyright  ? 

The  subject  photographed  is  the  launching  of  a 
ya°ht^  The  photograph  shows  that  a  platform  was  placed 
alongside  of  the  yacht,  above  which,  hung  against  the 
side  of  the  yacht, was  a  bottle  containing  some  liquid  to 
be  used  for  the  christening.  Upon  this  platform  a  number 
of  persons,  including  President  Roosevelt,  Prince  Henry, 
iliss  Roosevelt  and  others, appear  and  walk  and  move  around 
and  converse.  The  bottle  is  then  broken  by  Miss  Roose¬ 
velt  and  the  yacht  glides  down  the  ways  into  the  water. 

In  order  to  take  a  good  photograph  of  this  scene  it  was 
necessary  to  use  great  artistic  skill  in  placing  the 
camera,  having  due  regard  to  the  time  of  day,  the  amount 
of  light,  and  the  lights  and  shadows  of  the  yacht  and 
figures,  and  also  as  to  the  time  of  exposures.  Consid¬ 
eration  also  had  to  be  given  to  the  fact  that  as  the 
yacht  was  launched  it  moved  away  from  the  camera.  It  i3 
evident  that  this  required  great  artistic  skill  on  the 
part  of  the  photographer. 

Of  late  years  great  advance  has  been  made  in 
the  art  of  photographing  inanimate  objects.  Many  beauti  - 
ful  photographs  of  landscapes  are  continually  taken. 
Photographers  art  clubs  have  been  formed  in  many  of  the 
principal  cities  of  the  United  States  and  annual  exhibi- 


3. 


tions  are  held,  similar  to  those  of  the  various  socities 
of  artiBts.  To  anyone  who  has  seen  these  high-class 
photographs  it  is  evident  that  the  highest  form  of  artis¬ 
tic  skill  must  he  used.  The  placing  of  the  camera  with 
due  regard  to  the  subject,  the  light  and  the  lights  and 
shades,  and  the  time  of  exposure ,  all  require  great  artis¬ 
tic  skill.  In  many  of  the  current  magazines  reproduc¬ 
tions  of  these  art  photographs,  as  they  are  called,  are 
continually  seen,  and  no  doubt  the  court  is  familiar  with 
them. 


....  , ,  .On  my  way  down  in  the  train  to  argue  the  matter 

;  (vMh/OuM  p 

oar -the preliminary  injunction,  I  purchased  Scribners  ror 
June,  1902,  and  found  there  an  article,  beginning  on  pag  e 
679,  on  the  subject  of  these  photographs,  giving  six  or 
eight  examples  of  very  artistic  and  beautiful  photographs. 
The  state  of  this  art  is  so  well  known  now  that,  the  court 
can  well  take  judicial  cognizances^, There  is  a  case 

which  is  quite  in  point 
fWUsA. 

In  Saids  vs. Outing  Co.,  77  Ped.Rep,  966  {C.C.A. ) 
‘Ur  held  that  a  photograph  of  a  yacht  under 


sail  shows  artistic  skill, and  is  a  proper  subject  for 
copyright. 


III. 

Should  section  4592  of  the  act  be  liberally 
construed  so  as  to  hold  that  these  series  of  photographic 
views  constitutes  "a  photograph"  within  the  meaning  of 
the  act  7 


This  art  of  reproducing  actual  motion  is  the 
produot  of  the  genius  of  Thomas  A.JSdison.  It  is  true 
that, before  his  time, some  experimenters,  notably 

had  taken  instantaneous  photographs  of  objects  in 
motion,  some  of  them  successive;  but  no  effort  was  made 
to  prolong  the  operation  so  as  to  take  a  scene  lasting 


4. 

sometime,  or  to  reproduce  them.  J5h8  persistence  of  the 
visual  impression  was  well  known,  and  scientific  toys 
like  the  zoetro^e  were  based  on  that  knowledge;  hut  Mr. 
Edison  was  the  first  one  to  grasp  the  possibilities  of 
the  art  and  to  devise  the  mechanism  by  which  photographs 
such  as  these  could  be  taken  and  reproduced  at  will. 

It  is  true  that  on  account  of  these  early  experiments  a 
patent  of  his  was  declared  invalid  because  the  claims 
were  too  broad;  but  that  patent  has  been  surrendered  and 
reissued,  and  the  claims  confined  to  the  special  mechan¬ 
ism  invented  by  Mr .Edison,  and  no  doubt  will  now  be  sub  - 
tained. 


The  invention  is  a  very  meritorious  one.  By 
means  of  it  great  amusement  and  valuable  instruction  are 
given  to  the  public.  The  photographs  are  sold  through¬ 
out  the  country  to  various  exhibitors,  and  are  shown  to 

S, 

audiences .  The  subj ects  embrace  almost  everything  of 
interest  throughout  the  world;  a  moving  train,  the  ocean 
surf  breaking  on  the  sandy  beach,  the  inauguration  of 
President  McKinley,  the  Coronation  procession  of  Edward 
VII,  the  yacht  race  for  the  America  cup,  and  are  some 
of  the  subjects  which  are  daily  shown  to  interested  and1 
instructed  audiences. 

Taking  the  original  negatives  is  very  expensive, 
as  will  be  readily  seen.  A  photographer  of  great  artis¬ 
tic  skill  ix.  has  to  be  employed  and  the  most,  expensive 
cameras  used.  These  photographers  are  sent  all  over  the 
world  to  take  interesting  and  instructive  scenes.  A 
special  man  was  sent  to  take  the  Coronation  procession  of 
Edward  VII .  z  On  the  other  hand  the  infringer  of  the 
copyright Ado  so  at  almost  no  expense.  All  an  infringer 
has  to  do  is  to  purchase  one  of  the  positive  films,  print 
from  it  a  negative  and  from  that  negative  e  positives  and 


5. 

then  put  tiseM  on  the  market.  The  expense  is  «r  little 
more  than  the  cost  of  the  sensitized  films.  This  i3  the 
course  pursued  by  the  defendant. 

All  of  these  considerations  must  strongly  ap¬ 
peal  to  the  court  and  make  it  feel  that  it  Eauirt  should 
go  as  far  as  possible  in  trying  to  construe  the  act  so  as 
to  protect  these  produots  of  so  valuable  an  art. 

Each  photographic  view  by  itself  is  worthless. 

On  account  of  the  peculiar  necessities  of  the  art,  the 
views  have  to  be  taken  of  such  a.cliaracter  that  each  one 
hardly .shows  what  the  subject  is,  and  would  be  worthless 
itf -ta]cewAby  itself.  It  is  only  when  the  photograph  is 
used  in  connection  with  an  apparatus  like  the  magic  lant¬ 
ern  that  it  is  useful,  and  then  the  actual  scenes  that 
were  photographed  appear  on  the  screen.  The  character 
of  thdse  successive  views  can  be  easily  seen  by  examining 

OlTvjl  a/x. 

the  positive  filmswhich  is=teHE=of=the  exhibits. 

A 

It  is  urgedjhowever ,  that  as  another  section  of 
this  act  is  penal,  the  entire  act  must  be  construed 
strictly. 

It  seems  to  me  that  this  argument  is  fallacious. 
The  act  has  two  elements.  The  sections  which  are  remed- 
ial  and  the  section  which  imposed  the  penalty.  There  is 

6j itXxjn\ 

no  reason  why  the  remedial  ao*  should  not  be  construed 
liberally  and  the  penal  section  construed  strictly.  The 
effect  of  that  would  be  to  acknowledge  as  far  as  possible 
the  protection  of  the  act  and  to  construe  broadly  the 
description  of  fc  the  article  that  could  be  copyrighted; 
while  at  the  same  time  the  owner  of  the  copyright  should' 
be  held  strictly  to  all  the  formalities  necessary  to  be 
gone  through  in  order  to  obtain  the  photograph,  and  tfnrfc 
in  any  penal .action  the  provisions  of  the  penal  section 


1b  construed  strictly.  This  course  seems  to  have  been 

weens  trued  by  the  courts  of  the  United  States  from  the  . 

earliest  times,  and  drwon-o  will  be  found  wwUdnrf'' contem- 

A 

poraneously  in  which  the  remedial  portion  of  the  act  is 
construed  liberally;  while, on  the  other  hand, the  penal 
section  is  construed  strictly  and  the  owner  of  the  copy- 
right  held  to  the  strictest  observance  of  the  formalities 
necessary  to  obtain  a  valid  copyright. 

STATUTES . 

The  copyright  statutes  are  briefly  as  follows: 
The  Federal  Constitution  of  1787  gives  Congress  power  to 
legislate  for  the  protection  of  "authors  and  inventors." 

The  act  of  1790  (1  stat.at  Large ,p. 124)  covers 
"Map,  chart,  book  or  books".  There  is  a  penalty  imposed 
of  forfeiture  and  a  fine  of  fifty  cents  for  each  sheet 
"found" . 

The  act  of  1802  (2  Stat.at  Large  p.171)  added 
designs,  engravings  and  etchings. 

The  act  of  1831  (4  Stat  at  Large,  p.436) 
added  musical  compositions. 

The  act  of  1856  (11  Stat  at  Large,  p.138)  pre¬ 
vents  the  unauthorized  performance  of  a  dramatic  composi¬ 
tion  which  has  been  copyrighted. 

The  act  of  1865  (13  Stat  at  Large,p.540)  adds 
photographs  and  negatives. 

The  act  of  1870  (16  Stat  at  Large,'  section  86) 
added  paintings,  drawings,  cromoB,  statues,  Btatuary  and 
models  or  designs  intended  to  be  perfected  as  works  of  ffe- 
fine  arts,  and  permitted  the  "author,  inventor,  designer 
or  proprietor"  to  take  out  the  copyrught.  The  penalty 


7. 

is  increased  to  one  dollar  for  every  sheet  "found" . 

This  statute  repeals  the  others  and  is  practically  iden¬ 
tical  with  the  statute  now  in  existance.  It  was  re¬ 
enacted  in  the  revised  statutes  as  sections  4948-4971. 

The  amendatory  act  of  1891  makes  no  change  that 
needs  he  noted  here,  and  the  same  may  he  said  of  the 
amendment  of  1895.  They  affect  only  the  penal  section 
4965. 


DECISIONS . 

The  decisions  that  I  can  find  hearing  on  the 
case  are  as  follows,  and  they  seem  to  unite  in  constru¬ 
ing  the  remedial  part  of  the  act  liberally  and  the  penal 
part  strictly. 

DECISIONS  ON  REMEDIAL  SECTIONS  Off  THR1  STATUTE. 

DRURY  v .EWING ,  1  Bond. 540. 

25  MYERS,  Bed. Rag. Dec. P.9’7'6. 

A  dress  pattern  shhet  on  a  single  sheet,  of  paper 
is  a  "hook"  within  the  meaning  of  the  copyright  statute 
of  1831. 

YUNGLING  V.SCHIIE,  12  Bed  Rep., 97. 

A  crorno  is  a  "print"  under  the  act  of  1831. 

EOSSITKR  V.HAIiTj,  5  Blatch.362. 

25  MYERS,  Bed. Dec .p. 1028. 

Notice  of  copyright  may  he  printed  on  the  margin 
of  the  print. 

DALY  V. PALMER,  6  Blatch.256. 

25  Mayers ,  Eed. Dec. p.1092-1095. 

ed 

A  "dramatic*’  composition,  designer  suited  for 
public  representation"  is  included  in  "hook  or  hooks,  map, 
chart ,  musical  composition,  print,  cut  or  engraving." 


8. 

u.s. 

LITHOGRAPH  CO.VS  .SARONEY,  111^53. 

The  initial  of  the  given  name  or  even  the  sur¬ 
name  alone  is  enough  in  the  notice  of  copyright.  Photo¬ 
graphs  may  he  copyrighted  "so  far  as  they  are  representa¬ 
tives  of  original  intellectual  conception  of  the  author." 

CALLAGHAN  VS .MYBRS ,128  U.S . 617 . 

A  copyright  is  taken  in  the  name  of  E.B. Myers 
and  Chandler.  E.B.Myers'  name  was  placed  on  the  notice 
of  copyright.  Held  an  immaterial  variation.  The  hook 
was  copyrighted  in  1867.  1886  was  used  in  the  notice 

of  copyright.  Held  immaterial  variation.  Reports  of 
decisions  may  he  lawfully  copyrighted. 

BRADY  V .DALY,  111  U.S.ldS^Sec.dOee  of  the  Revised 
Statutes  is  not  a  penal  statute. 

A. statute  may  he  penal  as  to  one  person  and  remedial 
as  to  another. 

biases  cited  in  Huntington  vs.Attrill,  146  U.S. 657; 
approved  in  Brady  v.Daly,  111  U.S. 148. 

Myers  vs  .Callaghan,  5. Bed  Rep. 726,  732. 

"It  seems  to  me  ***  that  thdBe  various  provisions 
of  law  in  relation  to  copyright  should  have  a  liberal  con¬ 
struction,  in  order  to  give  effect  to  what  may  he  construec. 
the  inherent  right  of  an  author  to  his  own  work." 


A  list  of  horses  with  their  speed  records  etc. 
may  h^copyrightedj^HiaBton  v.Gocher,  70  B.R.237. 

,  100  Bed.Rep.447. 


DECISIONS  ON  TKK  PENAL  SUCTIONS  OB  THE  STATUTE . 


JOHNSON  V  .DONALDSON ,  ^ Bed. Rep  .22. 

In  an  action  for  penalties  the  defendant  cannot 


he  compelled  to  produce  his  hooks, 


9. 

BACKUS  V. GOULD,  7  HOWARD ,  798. 

The  penalty  of  fifty  cents  under  the  act  of 
1831  "is  limited  to  the  sheets  in  the  possession  of  the 
defendant  ***  as  this  is  a  penal  section  it  must  he  con¬ 
strued  strictly." 


THORNTON  V.SCHRIKBNR,  124  U.S.612. 

Photographs  in  the  actual  custody  of  an  employee 
are  not  in  his  "possession",  hut  in  the  "possession"  of 
the  employer,  under  R.S.gec.fcte*  4965?  the  penal  section. 

BOYffJiJS  V. OUTING,  175  U.S.262. 

The  penalty  of  $1.00  of  R.S.gec.t4eH  4965  extends 
only  to  sheets  "found"  in  defendants  possession  hy  some 
legal  process  like  replevin.  This  section  is  spoken  of 
as  a  penal  statute  to  he  construed  strictly.  ^ 


and  3 


i,  approved. 


SARONKT  V.PHRICH,  28  P.R.79,  £ 

"The  section  in  question  (R.S.4965)  must  he  i 
Btrictly  construed." 


BBNNRTT  W. CARR,  96  Ped.Rep.213  (C.C.A 

In  an  action  for  a  penalty  under  R.S, 4965, com¬ 
pliance  with  the  provisions  of  section  4956  "which 
should  he  strictly  construed  because  it  contains  the 
condition  precedent  to  the  recovery  of  severer  penalties* 
is  necessary;  and  both  tfce^description  and  ttae^photo^raph 
of  a  copyrighted  painting  must  he  deposited  with  the  'Li¬ 
brarian  of  Congress. 


PALK  V. CURTIS,  *02  Ped.Rep.967. 

Action  to  recover  penalty  under  R.S.4965.  The 
suit  was  begun  before  seizure.  Held  premature.  "As  the 
plaintiff  is  seeking  to  enforce  a  highly  penal  statute, 
he  is  rightly  held  to  a  strict  compliance  with  the  forms 


10. 


of  legal  procedure." 

Affiri/’in  Falk  vs. Curtis,  107  Fed. Rep. 126  (C.C.A) 
Slreruit  Cmirt)  . 


In  thiB  case  the  complainant  does  not  seek  to 
enforce  a  penalty.  His  rights  are  given  to  him  hy  R.S. 
4952,  which  is  purely  remedial  and  contains  no  penal 


features j  and  a  means  of  protecting  those  rights  is 
given  hy  section  4970,  under  which  this  hill  is  filed. 

It  is  respectfully.  Isuhmitted  that  a  decree  should 
he  granted  in  favor  of  ...the  complainant. 


Of  counsel  v,'ith  complainant. 


Type  "Q" Cell, 


1902. 


illiam  Pelser,  Esq., 

C/o  Howard  V/*  Hayes 


Uev/ar  k ,  IT.  J. 


X  .have  your  favor  of  the  24th,  advising  mo  re; ;arding 
he  Edison-!' tfcin  case.  I  presume  that  under  the  circumstances  there  is 
o  further  redress  for  us,  hut  at  the  same  time  I  want  you  to  make  a 
emo.  andput  it  on  Hr.  Hayes'  deslc  so  that  •■.hen  he  returns  I  con  tale 
t  up  arid  discuss  it  with  him,  I  do  not  want  to  Give  up  the  fight 
f  there  is  a  possible  way  of  got ting  around  it,  as  this  man  Lubin  is 
ont,  inning  to  duplicate  filniB  that  cost  us  a  great  many  hundreds  of 
ollars  to  obtain  and  one  particular  film  that  we  have  just  Gotten  out 
as  cost  us  pretty  near  a  thousand  dollars  to  get  the  negative,  and  he 
imply  goes  ahead  and  copies  same,  making  a  negative  and  issuing  posi- 
ives  from  same  indiscriminately,  so  you  can  see  that  he  is  doing  our 
usiness  a  great  deal  of  harm' and  vie,  apparently,  have  no  redress. 


eg/iw 


Newark,  M.J. »  Apr.  2L-1903. 


Tho&as  A.  Edison,  Ea<i. , 

Ste?/artsville,  ■ 
Warren  Co, , 


,  N.  J.  ■ 

Dear  Mr.  Edison:-  '  - 

I  have' just  received  from  the  Clerk  of  the  U.  S. 
Circuit  Court  of  Appeals  at  Philadelphia  a  letter/  as  follows: 

"Howard  W.  Kayos ,  Esq. , 

Dear  Sir:- 

Tlie  court  to-day  handed,  down  an  opinion  in 
the  case  of  Thomas  A.  Edison,  Appellant,  ve.'Signund  Luhin, 
Appellee,.  No; ,23  March  Tern  1903  hy  Buffington,  District  Judge, 
in  which  the  decree  of  the  Cirouit.  Court  ms  reversed  with  dir¬ 
ections  to  enter  a  decree  in  favor ;of  the  Complainant." 

That  seems  to  me  that:the  present  copyright  law 

... _ j  to  moving  pictures  and  that  the  method  of  copyrighting  and 

affixing  notices  pursued  hortofore  hy  you  issdfficient.  I  have 
sent  for  a  copy  of  -the  opinion,  which  X  will  send  to  you  at  once. 


HWH/a.D. 


Howard  ¥. Hayes,  Esq.. 


-  iuua 


MAY  4-  1903 


May  x 

Newark,  N.  J. 

Desr  Sirs 

Referring  to  your  letter  of  April  22nd,  enclosing  copy  of 
the  decision  in  the  Rubin  case,  it  is  my  desire  that  we  spread  this 
broadcast ,  so  that  other  infringers  will  know  that  the  decision  is  in 
our  favor.  Of  course  we  have  got  to  issue  something  to  the  trade 
generally,  and  I  wish  you  would  get  up  what  you  consider  would  be 
proper.  You  will  remember  that  there  was  some  arrangement  with  Mr. 
Butler,  the  attorney  for  lubin,  whereby  we  were  not  to  advertise  this. 
I. presume  it  will  not  be  possible  for  us  to  place  any  advertisement  in 
the  "Clipper".  If  we  can  do  so,  I  would  like  you  to  arrange  to  give  m 
what  you  would  consider  proper  in  the  way  of  an  advertisement. 


Y/EG/lW 

Mr.  Oilmoro  tt/is  nlilmml  l 


Yours  very  truly, 

£ 

Vice-Pres.  &  Gen.  Mgr. 


[ATTACHMENT] 


Hr  TUB  TOUTED  STATES  CIRCUIT  COURT  OB’ 

APPEALS 

for  the  Third  Circuit. 

Thomas  A*  Edison, 

.  Appellant , 

v. 

Sigmund  LuUin, 

Appellee. 

Appeal  from  the  Clm.it  Court  of  the  United  Status 
for  the  Eastern  Blatriot  Of  Pennsylvania* 

Before  Achcson,  Circuit,,  and  Buffington  and  Kirkpat- 
riok,  Bistfcict  Judges. 

Buffington,  J. 

In  the  court  Belov?  Thomas  Af  Edison,  appellant, 
filed  a  hill  in  equity  against  Sigmund  Luhin,  appellee, 
praying  an  injunction  for  alleged  infringement  of  a 
copy-right.  That  court  Being  Of  opinion,  see  IIP  Bad. 

Rop. ,  993,  such  copyright  had  no  statutory  warrant  entered 
a  decree  dismissing  the  Bill,  whereupon  complainant 
took  this  appeal.  The  question  involved  is  novel,  interest¬ 
ing  and  within  its  sphere,  important.  The  complainant's  •:  .> 
operator,  By  means  of  a  plvotod  camera  of  special,  con¬ 
struction  designed  and  owned  By  complainant,  took  In 
rapid  succession,  on  a  single  highly  sensitized  celluloid 
film  three  hundred  feet  long,  forty-five  hundrod  piotureo, 
each  of  which  was  a  shade  different  from  its  predooenoor 
and  tmocesoor,  and  «11  of  Which  collectively  represented 
at  different  points  Kaiaer  Wilhelm* o  Yacht  Meteor  while 
Being  christened  and  launched.  Brow  this  film  or  negative 
a  positive  reproduction  was  made  on  a  celluloid  sheetBy 


[ATTACHMENT! 


light  exposure.  The  valjje  of  suoh  celluloid  reproduction 
io  that  by  means  of  an  appliance  similiar  to  a  magic  lantern, 
these  views  may  he  thrpv/n  on  a  screen  In  rapia  succession 
so  as  to  give  the  effect  of  actual  motion  and  pictorically 
reproduce  the  launching  precisely  as  it  took  place.  This 
positive  oelluloid  sheet  was  sent  hy  the  complainant  to  the 
Department  of  the  Interior  and  hy  it  copyrighted  to  him 
as  proprietor  under  "the  title  of  a  photograph,  the  title 
to  whloh  is  in  the  following  wordB,  to  wit,  Christening 
and  Launching  Kaiser  Vilhelm1  s  Yacht  Meteor".  The  oompalin«  i; 
ant ’hereafter  places  on  the  copies  thereof  issued  hy  him 
a  notice  of  copyright  Ascribed  on  a  celluloid  plate  fastened 
on  the  front  and  a Sl  the  end,  of  the  sheet.  From  the  other  j 

end  of  one  of  such  marked"  ar tides  about  one^Jthlrd  thereof 
was  detached  hy  some  unkhown  person  and  came  into  the 
hands  of  respondent  without  knowledge  on  his  part  of  its  i 

having  been  copyrighted.  The  fifteen  hundred  pictures  on  |! 

this  part,  which  represented  a  part  of  the  launch,  Lubin  f 

photographed  on  a  sensitized  oelluloid  film. 'Prom  this 
negative  he  reproduced  a  positive  on  a' celluloid  sheet  i 

which  was  of  oourse  an  exact  reproduction  of  the  copyrighted 
one  of  the  complainant.  Thesewere  sold  to  exhibitors  and 
anahled  them  to  reproduce  the  part  of  the  launch  therein 
represented.  The  Act  of  Congress,  R.s.  Seo.  4952,  under  ^ 

whioh'  the  Department  of  the  Interior  issued  this  copyright 
provides:  "Any  citizen  of  the  United  States***who  shall 


[ATTACHMENT] 


foe***  the  author  or  proprietor  of  any***photograi>h  or 
nogative  thereof* **shall .upon  complying  with  the  provisions 
of  this  chapter  have  the  sole  liberty  of  printing,  reprint- 
ing,  publishing,  completing,  copying,  executing,  finishing 
and  vending  the  seme."  Does  ouch  Act  warrant  the  granting  of 
this  copyright?  On  that  question  the  court  below  said:  "That 
sectionextended  the  copyrighting  ayatem  to  "any***photo- 
graph",  but  not  to  any  aggregation  of  photographs,  and. 

I think  that,  to  acquire  the  monopoly  it  confers,  it  ia 
requisite  that  every  photograph,  no  matter  how  or  for  what 
purpose  it  may  be  conjoined  with  others,  shall  be  separately 
registered,  and  that  the  prescribed  notice  of  oopyright 
shall  foe  inserted  upon  each  of  them. "The  court  also  held 
that  as  the  violation  of  a  copyroghted  photograph  was  a 
subject  of  penalty  under  a  subsequent  section,  the  section 
authorizing  the  copyright  must  be  strictly  construed^  An 
examination' shows  that  the  negative  and  its  positive  repro¬ 
duction  'represent,  one  act  or  event j’  to  wit,,  the  launch 
of  the  yacht.  This  launch  was  portrayed  on  a  single  negative 
fili,  by  one  operator  and  a  camera,  operated  from  a  single 
point  and  suoh  negative  simply  photographically  reprodeocs 
in  continuous  form  the  view  of  the  launoh  presented  to  the 
eye  of  an  onlooker  at  the  spot. occupied  by  the  camera. 

The  instantaneous  and  continuous  operation  of  the  camera 
is  such  that  the  difference  between  successive  pictures  is 
not  distinguishable  by  the  eye  and  is  so  slight  that  the 
3. 


[ATTACHMENT! 


casual  observer  will  take  a  vary  considerable  number  of 
successive  pictures  of  the  series  said  cay  they  ara  identical* 
It  In  only  when  pictured  for  removed  from  each  other  in  the 
seriofl  are  compared  that  differences  are  aeon,  but  in  every 
one  the  platform  from  '>7hich  the  christening  took  place, 
and  on  which  prominent  persona  attending  the  launch  stood,  in 
depicted*  To  require  each  of  numerous  undiotinsuiah&ble 
pictures  to  bo  individually  copyrighted,  an  suggested  by  the 
court,  would  in  effect  bo  to  require  copyright  of  many 
pictures  to  protoot  a  single  one*  So  much  for  the  negative* 
When  we  consider  the  positive  sheet  which  was  copyrighted, 
Vfls  hare  a  stronger  case*  Vdsat  was  thus  copyrighted  was  a 
single  celluloid  sheet  on  which  a  number  of  objects  had 
been  photographically  printed  or  reproduced.  That  those  vbj 
objects  mro  there  portrayed  by  light  action  or  photography 
is  unquestioned*  Vo  natter  how  the  negative  woo  obtained, 
sfcothor  by  numerous  and  successive  exposures,  is  not  hero 
material*  The  statute  provides  for  copyrighting  negatives, 
but  the  present  issue  is  not  whether  tho  negative  in  question 
was  one  covered  by  tho  statute,  but  whether  when  the  nega¬ 
tive  as  a  whole  ms  photopraphioally  reproduced,  the  repro¬ 
duction  wan  a  photograph*  On  that  point  wo  feel  asoured.  Uhen 
tho  reproduction  was  made,  oomplain«nt‘s  celluloid  negative  aw 
simply  posae3B«d  the  repr oduotive  capacity  by  light  action 
incident  to  the  photographic  art*  The  image  which  hart  been 
thrown  by  light  reflected  from  tho  originals  md  paused 
4,  . 


[ATTACHMENT! 


through  a  cffisera  to  produce  tho  negative,  in  the  reproduc¬ 
tive  pro oo pa  produood  the  positive  by  light  action  passed 
through  mioh  transparent  negative*  The  more  circiustot&ncfj 
thotnouch  pOBitiva  is  pictured  on  a  ntrlp  of  celluloid 
and  not  on  a  strip  of  paper  ia  teetorial.  In  either  overt, 
tho  reproduction  la  a  light-written  and  therefore  a  photogv 
Graphic  picture  or  photograph.  To  nmr  that  tho  continuous 
method  by  which  this  negative  was  secured  was  Unknown 
when  tho  Aqt  was  pancod  and  therefore  &  photograph  of  it 
was  not  covered  by  the  Act  ,  in  to  hoc  tho  question*  Such 
construction  in  at  variance  with  the  object  of  the  Act 
which  was  passed  to  further  tho  conetitntSonal  grant  of 
payor  "to  promote  the  progress  of  science  and  useful  arts"/' 
When  Congress  i«  recognition  of  (die  photographic  art  saw 
fit  in  I860  to  amend  the  Act  of  1831,  and  extend  copyright 
protect ion  to  a  photograph  or  negative,  it  is  not  to  bo 
protjumed  it  thought  ouoh  art  could  not  progress  and  that 
no  protection  was  to  be  afforded  ouoh  progretiB\'  It  aunt 
have  recognised  there  would  be  change  and  advance  in  making 
photographs  juot  as  there  has  been  in  waking  books,  print¬ 
ing  chromes  and  other  subjects  of  Copyright  protection, 
mile  auch  advance  has  resulted  in  a  different  type  of  pho¬ 
tography,  yet  it  ia  none  tho  1030  n  photograph-a  picture 
produced  by  photographic  process,  Prom  the  standpoint  of 
preparatory  work  in  scouring  the  negative  tho  latter  oon- 
siata  of  a  number  of  different  views,  but  when  the  negative 
5. 


[ATTACHMENT] 


vt&o  secured  the  article  reproduced  therefrom  was  a  single  pho¬ 
tograph  of  the  whole.  And  that  it  i a  an  oubatanco  a  a ingle 
photograph  in  shewn  by  the  faot  that  its  value  consists 
In  its  protection  as  a  whole  or  unit  and  the  injury  to 
copyright  protection  oonsiato  not  in  pirating  on»  picture 
hut  in  appropriating  it  in  its  entirety# 

Wb  are  further  of  opinion  the  photograph  in  question  mot  t 
the  statutory  requirement  of  being  intended  to  he  perfected 
and  completed  as  a  work  of  the  fine  art.  It  embodies  artis¬ 
tic  conception  and  oxpre onion*  ®o  obtain  it  requires  a  study 
of  lights,  shadows,  gonoral  surroundings  and  a  vantage 
point  adapted  to  securing  the  entire  effect.  In  hollos  vs. 

She  Outing  Company,  77  Wed.  Rep.,  966,  depicting  a  .yacht 
under  full  sail  too  held  to  constitute  an  original  work 
of  art,  and  in  view  of  the  recent  decision  of  the  supreme  c^h 
Court,  Bleistein  v»«  Bonaldocn  Company,  10S  O.G.,  p.  1553 
in  reference  to  the  character  In  that  regard  of  a  pircua  poet* 
or,  we  have  no  question  that  the  present  photograph  suffici¬ 
ently  fulfilln  the  character  of  a  work  of  tho  fin©  arts. 

We  arc  also  of  opinion  the  cheat  ms  only  marked  for  it 
was  such  as  *to  give  notice  of  the  copyright  to  the  public 
by  planing  upon  each  copy  in  oomo  visible  shape  the  nemo  of  t 
the  arthur,  tho  existence  of  tho  claim  to  exclusive  right 
and  tho  date  at  Which  thic  right  woo  obtained®,  vdiich  in 
Burrow-Olios  Co,  vs.  Sarony,  111  tj.s,,  753  Wffi8  mid  to  be 
.  6* 


[ATTACHMENT] 


the  object  of  the  statute* 

Th®  decree  of  the  court  below  la  therefore  reversed 
with  directions  to  enter  a  decree  for  the  oc^plainant* 


Congratulating  yon  and  Mr.  Kdij 


upon  the  result 


Lubin  vs  Edison. 


Dec.  27,1904. 


Melville  Church,  Esq. , 

908  -  G  Street, 

Washington,  D.C. 

My  dear  Mr.  Churoh:- 

Your  favor  of  the  9th  ult.  was  duly 
received,  and  1  am  glad  to  hear  that  the  Supreme  Court  granted 
your  motion  to  dismiss  Lutin' s  appeal  and  congratulate  you  on  the 
result. 

When  the  mandate  is  sent  down,.,'ifi'ndly  attend  to  the 
entry  of  the  decree  in  the  Court  below,  as  you  suggest.  /»  ' 

Yours  very  truly, 


ELL/ARK. 


PUBLICATION  AND  MICROFILM 
COPYING  RESTRICTIONS 


Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  lieu  of  transcripts,  however, 
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A  Note  on  the  Sources 

The  pages  which  have  been 
filmed  are  the  best  copies 
available.  Every  technical 
effort  possible  has  been 
made  to  ensure  legibility. 


223 


FINANCIAL  CONTRIBUTORS 


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Humanities 

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Records  Commission 


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BOARD  OF  SPONSORS 


Rutgers,  The  State  University  of  New 
Jersey 

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Joseph  J.  Seneca 
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New  Jersey  Historical  Commission 
Howard  L.  Green 


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EDITORIAL  ADVISORY  BOARD 

James  Brittain,  Georgia  Institute  of  Teclmology 
R.  Frank  Colson,  University  of  Southampton 
Louis  Galambos,  Johns  Hopkins  University 
Susan  Hockey,  University  of  Alberta 
Thomas  Parke  Hughes,  University  of  Pemisylvania 
Peter  Robinson,  Oxford  University 

Philip  Scranton,  Georgia  Institute  of  Technology/Hagley  Museum  and  Library 
Merritt  Roe  Smith,  Massachusetts  Institute  of  Teclmology 


THOMAS  A.  EDISON  PAPERS 


Robert  A.  Rosenberg 
Director  and  Editor 

Thomas  E.  Jeffrey 
Associate  Director  and  Coeditor 

Paul  B.  Israel 

Managing  Editor,  Book  Edition 
Helen  Endick 

Assistant  Director  for  Administration 


Associate  Editors 
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LisaGiteiman 
Keith  A.  Nier 

Research  Associates 

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Assistant  Editors 
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Aldo  E.  Salerno 


Secretary 
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Thomas  A.  Edison  Papers 


Rutgers,  The  State  University 
endorsed  by 

National  Historical  Publications  and  Records  Commission 
18  June  1981 

Copyright  ©  1999  by  Rutgers,  The  State  University  •  • 

All  rights  reserved.  No  part  of  this  publication  including  any  portion  of  the  guide  and  index  or  of 
the  microfilm  may  be  reproduced,  stored  In  a  retrieval  system,  or  transmitted  in  any  form  by  any 
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University,  New  Brunswick,  New  Jersey. 


The  original  documents  hi  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site 
at  West  Orange,  New  Jersey. 


&  6dU>oru  'tapeA* 


A  SELECTIVE  MICROFILM  EDITION 

PART  IV 
(1899-1910) 


Thomas  E.  Jeffrey 
Lisa  Gitelman 
Gregory  Jankunis 
David  W.  Hutchings 
Leslie  Fields 


Theresa  M.  Collins 
Gregory  Field 
Aido  E.  Salerno 
Karen  A.  Detig 
Lorie  Stock 


Robert  Rosenberg 
Director  and  Editor 


Sponsors 

Rutgers,  The  State  University  Of  New  Jersey 
National  Park  Service,  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 


University  Publications  of  America 
Bethesda,  MD 
1999 


Edison  signature  used  with  permission  of  McGraw-Edison  Company